Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27598 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Subham Jadaun, Advocate holding brief of Sri Bharat Singh, learned counsel for the applicant, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.163 of 2025, under Section 8/18 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Kotwali, District Budaun, during the pendency of trial. 4. As per prosecution story, 465 grams of Opium is stated to have been recovered from the possession of the applicant. 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 52-A of the N.D.P.S. Act. The recovered contraband is below the commercial quantity. The criminal history of seven cases assigned to the applicant stands explained. The applicant is languishing in jail since 29.05.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned State Law Officer 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 Versus Counsel for Applicant(s) : Bharat Singh Counsel for Opposite Party(s) : G.A. Arun Maurya .....Applicant(s) State of U.P. .....Opposite Party(s)
merits of the case, I find it a fit case for bail. The bail application is allowed. 8. Let the applicant- Arun Maurya, 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 10, 2025 (Ravi Kant) BAIL No. 27598 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad