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2025 DAILYLAW 78528 (ALL)

NASEER RAYANI v. STATE OF U.P.

BAIL/27716/2025 · 2025-09-09

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. - 27716 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sanjay Singh, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 188 of 2025, under Section 8/21/29 of The Narcotic Drugs And Psychotropic Substances Act, Police Station Saidpur, District Ghazipur, during the pendency of trial. 4. As per the allegations of the FIR, ganja weighing of about 30.260 Kg is stated to have been recovered from the vehicle from which the applicant was arrested along with 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. If the said contraband is apportioned equally between two persons, it falls below the commercial quantity. The allegations are per se false. Learned counsel for the applicant has next stated that there is no compliance of mandatory provision of Section 52(a) of the N.D.P.S. Act. 6. The applicant is languishing in jail since 13.06.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Sanjay Singh Counsel for Opposite Party(s) : G.A. Naseer Rayani .....Applicant(s) State of U.P. .....Opposite Party(s) 8. 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. 9. Let the applicants - Naseer Rayani, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with the evidence during trial. ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. iii) The applicants shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 Sumit S BAIL No. 27716 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad