Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:118622 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22309 of 2025 Applicant :- Kamlesh Opposite Party :- State of U.P. Counsel for Applicant :- R.R. Pandey,Shiv Gopal Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. 2. Heard Sri Hari Narayan Singh, Advocate holding brief of Sri Shiv Gopal Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 155 of 2025, under Sections 8/20 of N.D.P.S. Act, Police Station- Naraini, District- Banda, 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 with a view to cause unnecessary harassment and to victimize him. The recovery of contraband is below commercial quantity as it is stated to be 3.6 Kg of Ganja. There is no compliance of Section 52(A) of the NDPS Act. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 26.05.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant-Kamlesh, 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9.
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. Date :- 21.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad