Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34015 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Supplementary affidavit filed today is taken on record. Heard Shri Avanish Kumar, learned counsel for the applicant and Shri S.K.Rai, learned A.G.A.-Ist, 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, Shiva, seeking enlargement on bail in Case Crime No. 219 of 2025, under Sections 8/21/22 of N.D.P.S. Act, Police Station-Sadar Bazar, District- Mathura.
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 27.07.2025. Learned counsel for the applicant submits that as per allegation of the First Information Report 470 Grams of Smack is said to have been recovered from the joint possession of the applicant and co-accused Devendra Singh. Learned counsel for the applicant submits that similarly circumstanced co-accused Devendra Singh, has already been enlarged on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 33263 of 2025, vide
order dated 25.09.2025. Criminal antecedent of six has already been explained in the affidavit filed in support of bail application as well as in supplementary affidavit 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co-accused has already been granted bail by this Court. Considering all above facts and circumstances, the nature of accusations, Versus Counsel for Applicant(s) : Avanish Kumar Counsel for Opposite Party(s) : G.A. Shiva .....Applicant(s) State of U.P. .....Opposite Party(s)
severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the 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, Shiva, 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. October 28, 2025 Deepak/ BAIL No. 34015 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad