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2025 DAILYLAW 181687 (ALL)

RAJPAL @ KARAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/10535/2025 · 2025-11-17

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10535 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. In the prosecution case it is alleged that on 12.09.2025, while the police party was busy in routine checking, a car which looked suspicious, was checked and the applicant along with two other persons was apprehended and from the said car, a total amount of 18 kg 760 grams of Ganja was alleged to have been recovered. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. No recovery has been made from the possession of the applicant. The recovered quantity of Ganja i.e. 18 Kg 760 grams is below the commercial quantity. The applicant has no previous criminal history. The applicant is languishing in jail since 13.09.2025. He further submits that the co-accused Ashutosh Singh Alias Monu has already been granted bail by this Court vide order dated 13.11.2025 passed in Bail Application No.10847 of 2025. He seeks parity with the bail order of the said co-accused. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute Versus Counsel for Applicant(s) : Nakul Sharma Counsel for Opposite Party(s) : G.A. Rajpal @ Karan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) that it is a case of parity. Considering the bail order of co-accused, named above, and the facts that the recovered quantity is below commercial quantity, considering the period for which the applicant is in jail i.e. since 13.09.2025; the applicant has no previous criminal history; chargesheet in the case has been filed and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Rajpal @ Karan, involved in Case Crime/FIR No. 332 of 2025, Under Sections- 8/20 N.D.P.S Act, Police Station- Khairabad, District- Sitapur, be released on bail in the aforementioned 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. 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 17, 2025 Madhu D.R/P.S BAIL No. 10535 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench