Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 189495 (ALL)

TAUSIF v. STATE OF U.P.

BAIL/19963/2025 · 2025-10-14

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 19963 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Ali Hasan, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of the accused-applicant seeking enlargement on bail in Case Crime No. 93 of 2025, under Sections 8/21/29 of the N.D.S.P. Act, Police Station Chilkana, District Saharanpur. 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 20.05.2025. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 52-A of the N.D.P.S. Act. Learned counsel for the applicant submits that similarly circumstanced co-accused Aawesh Alias Gejju has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 08.10.2025 in Criminal Misc. Bail Application No. 32911 of 2025. He submits that the applicant has no criminal antecedent to his credit. He further submits that 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 could not dispute the aforesaid fact. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting Versus Counsel for Applicant(s) : Ali Hasan, Ankit Srivastava, Ch. Dil Nisar, Istiyaq Ali, Rajesh Shukla, Sandeep Tripathi Counsel for Opposite Party(s) : G.A. Tausif .....Applicant(s) State of U.P. .....Opposite Party(s) 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, Tausif, 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 15, 2025 pks BAIL No. 19963 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad