Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 54799 (ALL)

RAJESH TIWARI v. STATE OF U.P.

BAIL/15447/2025 · 2025-05-26

Ram Manohar Narayan Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:90629 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15447 of 2025 Applicant :- Rajesh Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Ramajan Ahmad Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State and also perused the material placed on record. 2. The present bail application has been filed on behalf of the applicant in Case Crime/FIR No.55 of 2025, under Section 8/20 N.D.P.S. Act, Police Station-Malwan, District- Fatehpur, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submitted that applicant is innocent person and has been falsely implicated in this case. He next submitted that 33kg 790 Gram Ganja is alleged to have been recovered from the joint possession of applicant as well as co-accused, Sanjay Maurya. He further submitted that there is no compliance of Section 50 of the N.D.P.S. Act. The prosecution story is not supported by any independent witness. He further submitted that co-accused, namely, Sanjay Maurya has already been granted bail by Co- ordinate Bench this Court, vide order dated 14.05.2025 passed in Criminal Misc. Bail Application No.9855 of 2025. The applicant, who is in jail since 01.03.2025 having no criminal history to his credit. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. 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. 5. Without expressing any opinion on the merits, let the applicant Rajesh Tiwari, involved in the aforesaid 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 :- i. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 6. 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 :- 27.5.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad