Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34426 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Arpit Mishra, learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Rais Alias Mohd. Rais, seeking enlargement on bail in Case Crime No. 143 of 1996, under Sections 18/20 of NDPS Act, Police Station Kidwai Nagar, District Kanpur Nagar, during the pendency of the trial before the Court below. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 29.8.2025. Learned counsel for the applicant submits that earlier applicant was on bail. But due to non appearance before the Court below, non bailable warrant against the applicant was issued. When the applicant came to knowledge about issuance of non bailable warrant, he surrendered himself before the Court below and since then he is in judicial custody. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the Versus Counsel for Applicant(s) : Arpit Mishra Counsel for Opposite Party(s) : G.A. Rais Alias Mohd. Rais .....Applicant(s) State of U.P. .....Opposite Party(s)
witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Rais Alias Mohd. Rais , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4.
The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Record reveals that matter is old one and pertains to the year 1996. The Trial Court is directed to make all endeavour to conclude the trial as expeditiously as possible preferably within a period of six months from the date of production of certified copy of the order of this Court, if there is no other legal impediment. October 28, 2025 Ravi Prakash BAIL No. 34426 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad