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2025 DAILYLAW 70529 (ALL)

AKHILESH PATEL v. STATE OF U.P.

BAIL/24313/2025 · 2025-09-21

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24313 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Santosh Kumar Singh, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 109 of 2024, under Sections 8, 21, 27A, 29 and 60 of the Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Shahganj, District Sonbhadra, 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. There is no recovery of contraband from the possession of the applicant. The applicant is driver of the car from which contraband has been recovered belonging to the co-accused persons. He has nothing to do with the said offence as alleged in the FIR. Learned counsel for the applicant has stated that the criminal history assigned to the applicant stands explained. The applicant is languishing in jail since 25.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned State Law Officer has vehemently opposed the bail application. 6. Upon hearing learned counsel for the parties, perusal of record and Versus Counsel for Applicant(s) : Santosh Kumar Singh Counsel for Opposite Party(s) : G.A. Akhilesh Patel .....Applicant(s) State of U.P. .....Opposite Party(s) 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, prima facie, I find it a fit case for bail. The bail application is allowed. 7. Let the applicant- Akhilesh Patel, 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. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with 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. September 22, 2025 #Vik/- BAIL No. 24313 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad