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2025 DAILYLAW 202316 (ALL)

ABHAY SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO.

BAIL/10145/2025 · 2025-10-16

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10145 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. In the prosecution case, it is alleged that 8 kg 300 grams of ganja was recovered from the back seat of a Swift car traveling from Niyawan to Guptaghat. From the applicants, Rs. 750/- and one Samsung mobile phone were also recovered. Learned counsel for the applicants submits that no narcotic substance was recovered from the personal search of the applicants, who is alleged to have been merely sitting in the car. The recovered quantity is below the commercial threshold. Applicant no. 1 Abhay Singh has a criminal history of five cases which have been explained in paragraph No. 29 to the bail application. Applicant no. 2 Sunny Verma has a criminal history of one case which has been explained in paragraph no. 30 to the bail application. Learned counsel for the applicants submits that the co-accused persons Shaurya Pratap Singh and Gulshan Singh who were assigned similar role have been enlarged on bail by this Court vide orders dated 07.10.2025 and 14.10.2025 passed in criminal misc. bail application No. 9535 of 2025 and 9901 of 2025. Learned counsel for the applicants seeks parity with the order of the co-accused persons. Versus Counsel for Applicant(s) : Naved Ali, Pawan Bhaskar, Sandeep Yadav Counsel for Opposite Party(s) : G.A. Abhay Singh And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s) It is further submitted that there is no possibility of the applicants of fleeing away after being released from jail or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. Learned AGA has opposed the bail application, submitting that the investigation in the case is still ongoing. Considering that co-accused persons Shaurya Pratap Singh and Gulshan Singh have been granted bail; the recovered quantity is below the commercial quantity, the applicants have explained their prior criminal antecedent, and they are in judicial custody since 29.08.2025, I am of the view that this is a fit case for granting bail to the applicants on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicants, Abhay Singh and Sunny Verma involved in Case Crime No.254 of 2025, Under sections-8/20/60 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station-Cantt, District- Faizabad/Ayodhya, be released on bail on their 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date BAIL No. 10145 of 2025 2 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 applicants misuse 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 applicants fail 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. October 16, 2025 R.C. BAIL No. 10145 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench