Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:53000 Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20533 of 2023 Applicant :- Panchanan Pradhan Opposite Party :- Union of India Counsel for Applicant :- Naveen Kumar Yadav Counsel for Opposite Party :- Ashish Pandey Hon'ble Mohd. Azhar Husain Idrisi,J.
1. Rejoinder affidavit filed on behalf of the applicant in the Court, today, is taken on record.
2. Heard Sri Naveen Kumar Yadav, learned counsel for the applicant, Sri Mukul Pandey, holding brief of Sri Ashish Pandey,
learned counsel for the Narcotics Control Bureau and learned A.G.A. for the State and gone through the record.
3. This bail application has been moved on behalf of accused- applicant-Panchanan Pradhan, seeking bail in Session Case No.1228 of 2022 arising out of NCB Case Crime No. 14 of 2022 under Sections 8(c), 20(b)(ii)(c), 28 and 29 of N.D.P.S. Act, Police Station-NCB,, District-Lucknow.
4. Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. The applicant is driver of the truck. Alleged recovery of 2400kg of Ganja from the truck driven by the applicant is false and fabricated. There is no independent witness of the recovery. Mandatory provisions regarding arrest and recovery of N.D.P.S. Act have not been complied with. The applicant has no criminal history to his credit. Lastly, it is contended that the applicant is languishing in jail since 26.04.2022. The applicant undertakes that
in case he is released on bail, he will not misuse the liberty of bail, will not tamper with prosecution evidence and cooperate with trial. He is ready to furnish sufficient and reliable sureties. Therefore, the applicant may be released on bail during pendency of trial.
5. Learned A.G.A. appearing for the State submitted that the applicant has been arrested by the police and a huge quantity of ganja, ie. 2400kg has been recovered from the truck driven by the applicant, hence bail is opposed.
6. Considering rival submissions of the parties, nature of allegations made in the F.I.R., the nature and gravity of offence, the evidence and other material available on record and all other
facts and attending circumstances of the case and also that a huge quantity of ganja has been recovered from the truck driven by the applicant, without expressing any opinion on merits of case, this court is of the opinion that no case for grant of bail to the applicant is made out.
7. The bail application is, accordingly, rejected.
Order Date :- 10.4.2025 MN/- Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad