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2025 DAILYLAW 80197 (ALL)

BABLU v. STATE OF U.P.

BAIL/26226/2025 · 2025-09-10

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26226 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Ms. Nandini Pandey, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.674 of 2025, under Section 8/15 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Baradari, District- Bareilly, during the pendency of trial. 4. As per the allegations of the FIR, the applicant alongwith two other accused persons is said to have been apprehended by the police on 24.6.2025 at about 01:45 a.m. and 63.030 Kg. of opium husk is said to have been recovered from their possession. 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. The said recovery has been shown from the joint possession of three persons in all and if it is portioned equally between three persons, the contraband shall fall below the commercial quantity. 6. Learned counsel for the applicant has further stated that there is no compliance of mandatory provision of Section 52-A of the N.D.P.S. Act and there is no chemical analysts' report either to corroborate the prosecution story. The applicant is languishing in jail since 23.6.2025, having no Versus Counsel for Applicant(s) : Nandini Pandey Counsel for Opposite Party(s) : G.A. Bablu .....Applicant(s) State of U.P. .....Opposite Party(s) criminal history to his credit. The applicant is ready to cooperate with trial. 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. 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. The bail application is allowed. 9. Let the applicant- Bablu, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant 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 11, 2025 Vikas Verma BAIL No. 26226 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad