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2025 DAILYLAW 75048 (ALL)

SUKHVINDRA SINGH v. STATE OF U.P.

BAIL/24365/2025 · 2025-09-21

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24365 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Shyam Babu Vaish, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 433 of 2025, under Section 8/15 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Kotwali Dehat, District Bulandshahar, during the pendency of trial. 4. As per the allegations of the FIR, 20 kgs of poppy straw is stated to have been recovered from the possession of the applicant by police on 17.06.2025 at about 8.30 PM. 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. He has nothing to do with the said offence as alleged in the FIR. The contraband recovered from the possession of the applicant is below the commercial quantity and as such, the rigors of Section 37 of N.D.P.S. Act do not apply to the instant case. There is no criminal history of the applicant. The applicant is languishing in jail since18.06.2025. In case, the applicant is released on bail, he will not Versus Counsel for Applicant(s) : Sanjay Babu Kesherwani, Shyam Babu Vaish Counsel for Opposite Party(s) : G.A. Sukhvindra Singh .....Applicant(s) State of U.P. .....Opposite Party(s) misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 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, prima facie, I find it a fit case for bail. The bail application is allowed. 8. Let the applicant- Sukhvindra Singh, 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. 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 #Vik/- BAIL No. 24365 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad