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2025 DAILYLAW 167215 (ALL)

JOGESH v. U.O.I. THRU. SUPERINTENDANT NARCOTICS CONTROL BUREAU LKO.

BAIL/9264/2025 · 2025-09-24

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9264 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Anil Kumar Pandey, learned counsel for the applicant, Sri Akhilesh Kumar Awasthi, learned counsel for the N.C.B. Lucknow and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.11 of 2025, under Sections 9-A/25-A/29 N.D.P.S. Act, registered at Police Station N.C.B. Lucknow, District Lucknow. 3. The aforesaid case has been registered on the basis of search-cum-seizure memo stating that on the basis of an information two persons Mohd. Sageer and Mohd. Tufail were apprehended and a controlled substance acetic anhydride was recovered from them. One of the accused persons Mohd. Sageer told that he had procured the substance acetic anhydride from co- accused Nazim and they were going to hand it over to one Fakhruddin. The applicant has been implicated in the present case on the basis of statement of Nazim who stated that he used to procure the substance from the applicant. 4. The applicant has been implicated on the basis of confessional statement Ruksar Khan, who stated that the applicant also works with the accused persons. 5. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. Versus Counsel for Applicant(s) : Anil Kumar Pandey Counsel for Opposite Party(s) : Akhilesh Kumar Awasthi Jogesh .....Applicant(s) U.O.I. Thru. Superintendant Narcotics Control Bureau Lko. .....Opposite Party(s) 6. Co-accused persons Moh. Sageer, Mohd. Tufail, Nazim and Ruksar Khan have already been granted bail in the present case. Copies of their bail orders have been annexed with the bail application. 7. The learned counsel for the N.C.B. has opposed the prayer for bail but he could not dispute the aforesaid aspect of the matter that the person from whom the recovery has been made has been granted bail, whereas the applicant has been implicated merely on the basis of custodial statement of a co-accused person. He has further submitted that the investigation has already been concluded and a charge sheet has been filed. 8. Having considered the aforesaid facts and circumstances of the case and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant also on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Jogesh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. September 24, 2025 S. Shivhare BAIL No. 9264 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench