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2025 DAILYLAW 167628 (ALL)

IRFAN v. STATE OF U.P. THRU. ADDL. CHIEEF SECY. HOME LKO

BAIL/9405/2025 · 2025-09-26

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9405 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Gopesh Tripathi, the learned counsel for the applicant, Ms. Shikha Sinha, the learned AGA-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 242 of 2025, under Sections 8/22 of NDPS Act, registered at Police Station Mohanganj, District Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.08.2025 by a Sub Inspector of Police against the applicant and an another person Vinod Gupta, stating that the accused persons were apprehended on the basis of suspicion and 90 grams of smack was recovered from the applicant and 110 grams of smack was recovered from the other accused person Vinod Gupta. The recovery memo states that the samples of two grams were taken from the recovered substance. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 5. The applicant's involvement in 2 other criminal cases has been Versus Counsel for Applicant(s) : Gopesh Tripathi, Atidivya Anand, Hrishabh Singh Counsel for Opposite Party(s): G.A. Irfan .....Applicant(s) State Of U.P. Thru. Addl. Chieef Secy. Home Lko .....Opposite Party(s) disclosed in para 17 of the affidavit and in both of them he has been granted bail. 6. Learned AGA-I has opposed the application and he has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 14.09.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the recovered quantity or substance falls below the commercial quantity; that the samples were not drawn in the presence of a Magistrate and the samples were not drawn in duplicate and that the applicant is languishing in jail since 25.08.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Irfan 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 the 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. September 26, 2025 Pradeep/- BAIL No. 9405 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench