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2025 DAILYLAW 6730 (ALL)

TONI JAT @ CHANDRAVEER SINGH v. STATE OF U.P.

BAIL/2119/2025 · 2025-07-06

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106707 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2119 of 2025 Applicant :- Toni Jat @ Chandraveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Arun Kumar Vishvakarma, Advocate appears for the applicant and submits that the accused/applicant has been falsely implicated in Case Crime No.263 of 2024, under Sections 21/22 N.D.P.S. Act, Police Station Refinery, District Mathura. 2. Learned counsel for the accused-applicant, contends that the applicant has been falsely implicated in the case by the police. It is further submitted that a quantum of 2.2 Kgs. of Diazepam has been allegedly recovered from the possession of the accused-applicant. There is no independent witness of arrest and recovery. The mandatory provision of Section 50 N.D.P.S. Act has not been complied. There is criminal history of seventeen cases shown against the accused-applicant and in all the cases the accused-applicant is on bail. The applicant is languishing in jail since 18.10.2024. As such, he prays that the accused/applicant be enlarged on bail. 3. Learned A.G.A. has opposed the prayer for bail and submitted that a huge quantity of contraband has been confiscated at the behest of the accused-applicant. 4. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 5. The record prima facie reveals that the arrest and recovery has been made in absence of independent witness. The compliance of mandatory provision of N.D.P.S. is matter of adjudication in trial. The applicant is languishing in jail since 18.10.2024. He is not reported convicted in any case. 7. Hence, without touching the merit of the case, the bail application is allowed. 8. The accused/applicant-Toni Jat @ Chandraveer Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned. Order Date :- 7.7.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad