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Neutral Citation No. - 2025:AHC:68989 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5538 of 2025 Applicant :- Sauban Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rizwan Ullah Siddiqui, learned counsel for the applicant, Shri Brijendra Kumar, learned A.G.A. for the State and perused the record of the case. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 283 of 2024, under Section 8/22/29 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Chilkana, District- Saharanpur.
Learned counsel for the applicant has contended that as per prosecution case, 576 Grams of Alprazolam tablet was recovered during interception. He submits that the applicant has not been arrested from the spot. The name of the applicant surfaced on record on the basis of confessional statement of co-accused. There is no material on record to establish the fact that co-accused has purchased the contraband from the applicant. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. It is further submitted that on the similar footing the co-accused Wasif Alias Wasik Alias Polla has been granted bail by this Court vide order dated 21.04.2025 passed in Criminal Misc. Bail Application No. 4015 of 2025, therefore, applicant is also entitled to be released on bail. The applicant, who is in jail since 29.01.2025 having no criminal history to his credit, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying
contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity. Without expressing any opinion on the merits, let the applicant Sauban, involved in above-said case crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 1.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad