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2025 DAILYLAW 56108 (ALL)

DHRUVNATH SINGH v. STATE OF U.P.

BAIL/15855/2025 · 2025-05-29

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93528 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15855 of 2025 Applicant :- Dhruvnath Singh Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Manoj yadav, learned counsel for the applicant and Shri Yagyavalka Pandey, learned A.G.A for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Dhruvnath Singh, with a prayer to release him on bail in Case Crime No. 113 of 2024, under Section 29 of N.D.P.S. Act, Police Station- Ramnagar, District- Varanasi, during pendency of trial. Learned counsel for the applicant at the very outset submits that initially the First Information Report has been lodged under Section 8/20 of N.D.P.S. and the applicant was granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 36811 of 2024, vide order dated 09.04.2025. Later on after investigation charge sheet has been filed under Section 29 of N.D.P.S. and the present bail application has been filed for grant of bail in added sections. Learned counsel for the applicant further argued that bail application of the applicant under Section 8/20 of N.D.P.S. Act, has already been allowed and prima facie no case under Section 29, of the N.D.P.S. act is made out against the applicant, the applicant is liable to be released on bail in the aforesaid Section. Learned counsel for the applicant further submits that the applicant is in jail since more than 11 months and is liable to be enlarged on 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. Considering the facts of the case and keeping in mind larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the applicant-Dhruvnath Singh, involved in abovesaid 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 :- 30.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad