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2025 DAILYLAW 80809 (ALL)

RADHE KRISHNA TIWARI v. STATE OF U.P.

BAIL/26241/2025 · 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. - 26241 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Ajeet Shukla, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 68 of 2025, under Section 8/20 of the Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Lanka, District Varanasi, during the pendency of trial. 4. As per the prosecution story, 1.6 kgs of 'Ganja' is stated to have been recovered from the possession of the applicant on 25.02.2025 at about 4.15 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. There is no report of the chemical analyst to corroborate the allegations that the alleged contraband is 'Ganja'. Learned counsel for the applicant has stated that there is no compliance of mandatory provision of Sections 50 and 52(A) of the N.D.P.S. Act as well as Section 105 of B.N.S.S. Learned counsel for the applicant has stated that the criminal history assigned to the applicant stands explained. The applicant is languishing in jail since 25.02.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Ajeet Shukla Counsel for Opposite Party(s) : G.A. Radhe Krishna Tiwari .....Applicant(s) State of U.P. .....Opposite Party(s) 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 merits of the case, prima facie, I find it a fit case for bail. The bail application is allowed. 8. Let the applicant- Radhe Krishna Tiwari, 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. 26241 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad