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2025 DAILYLAW 177921 (ALL)

KARANVEER SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/10188/2025 · 2025-11-06

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10188 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant as well as learned AGA for the State. The present bail application has been filed by the applicant seeking bail in FIR No.416 of 2025 under Section 8/18 NDPS Act, Section 318(4), 319, 338, 340(2) BNS, Police Station Bachrawan, Raebareli. In the prosecution case, it has been alleged that the car being driven by the applicant was intercepted by the police on the basis of a tip-off received from a secret informer. Upon search of the said vehicle, 1.46 kilograms of illegal opium was allegedly recovered from the back seat. It is further alleged that the number plate of the vehicle was forged. The submission of learned counsel for the applicant is that the quantity of contraband allegedly recovered is below the commercial quantity as prescribed in the Schedule to the NDPS Act. It is further submitted that there has been no compliance with the mandatory provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant has explained the criminal history of two cases in paragraph 17 to the bail application. There is no recovery from the personal search of the applicant. He is in jail since 2.9.2025. Versus Counsel for Applicant(s) : Irshad Ali, Syed Suleman Abbas Counsel for Opposite Party(s) : G.A. Karanveer Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) It is also submitted that there is no likelihood of the applicant absconding or tampering with the prosecution witnesses. It is assured that in case the applicant is enlarged on bail, he shall not misuse the liberty so granted. It is next submitted that co-accused Ansh Shukla, who has been assigned similar role, has been granted bail by this Court vide order dated 07.10.2025 passed in Crl. Misc. Bail Application No.9527 of 2025, therefore he seeks parity with the bail order of the said co-accused. Learned A.G.A. opposed the prayer for bail but could not dispute that this is a case of parity. On due consideration to the bail order of co-accused Ansh Shukla; the facts that the applicant has explained the criminal history of two cases in paragraph 17 to the bail application, the applicant is languishing in jail since 2.9.2025, the recovered quantity is below commercial, I find this to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Karanveer Singh involved in the aforesaid FIR be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. BAIL No. 10188 of 2025 2 (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 6, 2025 Madhu D.R/P.S BAIL No. 10188 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench