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Allahabad High Court · body

2025 DAILYLAW 67828 (ALL)

YASHPAL v. NARCOTICS CONTROL BUREAU ZONAL UNIT LUCKNOW

BAIL/21601/2025 · 2025-09-18

Deepak Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21601 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Counter affidavit, filed on behalf of opposite party no. 2, Narcotics Control Bureau, Zonal Unit, Lucknow, is taken on record. 2. Heard learned counsel for the applicant; learned counsel for informant and learned A.G.A. on behalf of State and perused the record. 3. This is the third bail application. The first bail application was decided on merit vide order dated 28.01.2023 and second bail application was dismissed for want of prosecution on 04.12.2024. 4. The present bail application has been moved on behalf of the applicant with a prayer to release him on bail in Case Crime No.689 of 2021, under Sections 20, 25, 27 (A), 29 of NDPS Act, P.S. Shikohabad, District Firozabad. 5. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. The prosecution story is false and concocted. There are contradiction between the version of F.I.R. and the statement of witnesses. It is next submitted that applicant is languishing in jail since 18.02.2022. 6. On the other hand, learned A.G.A. and counsel for the informant vehemently opposed the bail prayer of the applicant and argued that no new ground is made out for entertaining this third bail application and that earlier first bail application of applicant was rejected on merit considering all facts. In para-17 of the counter affidavit, it is averred that trial is at the verge of conclusion and statement of all the witnesses is almost completed. But accused Pankaj Sharma and Rinku Sharma moved application under Section 315 Cr.P.C. for examining themselves as witness before the trial. That application has been allowed and their statements have also been recorded and now the date has been fixed for recording their additional statements under Section 313 Cr.P.C. The statement of other accused, namely, Vivek, Vipin and Neeraj Saini is Versus Counsel for Applicant(s) : Rahul Gaur Counsel for Opposite Party(s) : Ashish Pandey Yashpal .....Applicant(s) Narcotics Control Bureau Zonal Unit Lucknow .....Opposite Party(s) going to be recorded on the next date fixed i.e. 17.09.2025. 7. Considering the submissions of learned counsel for the parties, nature of allegations, gravity of offence and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the third bail application of applicant is, hereby, rejected. September 19, 2025 Meenu Singh BAIL No. 21601 of 2025 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad