Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21706 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Utkarsh Khanna, 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. 340 of 2025, under Section 8/15 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Nandgram, District- Ghaziabad, during the pendency of trial. 4. As per the allegations of the FIR, the applicant is said to have been apprehended by the police and 37 Kg. Doda is said to have been recovered from the joint possession of the applicant and other co accused person. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. There is no compliance of mandatory provision of Section 52A of the N.D.P.S. Act. The applicant is languishing in jail since 16.05.2025. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application on the ground that the recovery of the contraband article is of commercial quantity. He has also stated that there is criminal history of 2 cases assigned to the applicant. 7. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. 8. Let the applicant- Rinku, who is involved in aforementioned case 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. Versus Counsel for Applicant(s) : Utkarsh Khanna Counsel for Opposite Party(s) : G.A. Rinku .....Applicant(s) State of U.P. .....Opposite Party(s)
(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 25, 2025 sailesh BAIL No. 21706 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad