Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21652 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
2. Heard Sri Garun Pal Singh, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.195 of 2025, under Sections 8/22/29 NDPS Act, Police Station- Kotwali, District- Mathura, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The applicant is not named in the FIR and his name has come up in the confessional statement of co-accused person, which has no evidentiary value in the eyes of law.
5. It is further argued by learned counsel for the applicant that there is no recovery whatsoever from the applicant. The criminal history assigned to the applicant has been explained. The applicant is languishing in jail since 14.5.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Per contra, learned A.G.A. has vehemently opposed the bail application.
7. Considering the facts and circumstances of the case, submissions made by Versus Counsel for Applicant(s) : Garun Pal Singh, Rajesh Dutta Pandey Counsel for Opposite Party(s) : G.A. Virendra Alias Gola .....Applicant(s) State of U.P. .....Opposite Party(s)
learned counsel for the parties, the evidence on record, taking into
consideration the fact that applicant is not named in the FIR and his name has come up in the confessional statement of co-accused person as also there being no recovery whatsoever from him, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Virendra Alias Gola, who is involved in aforementioned 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 subject to following conditions. Further, before issuing the release
order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 22, 2025 Vikas Verma BAIL No. 21652 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad