Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27722 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the record. 2. The present bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 142 of 2025, under Section 8 and 20 of N.D.P.S. Act, Police Station- Kamasin, District- Banda, during pendency of trial. 3. Submission of learned counsel for the applicant is that the quantity of the contraband shown to be recovered from the possession of the applicant is 6 kg 150 grams of Ganja, which is said to be below commercial quantity. The contention is that the police has deliberately shown the amount exaggeratedly just in order to add to the gravity of the offence. Other submissions assailing the truthfulness of the prosecution story with regard to the recovery have also been made. Further contention is that the statutory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with in true letter and spirit, and therefore, the legal sanctity of the alleged recovery stands vitiated. The counsel has also tried to demonstrate the circumstances indicating the false implication of the applicant. Malice behind the prosecution has also been pleaded during the course of the arguments placed on behalf of the accused. Learned counsel for the applicant further submits that the applicant is in jail since 04.07.2025, with no previous criminal history. 4. Learned A.G.A. opposed the prayer for bail. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the Versus Counsel for Applicant(s) : Jitendra Kumar Singh Counsel for Opposite Party(s) : G.A. Chandan Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
view, that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed. 6.
Accordingly, the bail application is allowed. 6. Let applicant-Chandan Singh, involved in the above mentioned crime be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 12, 2025 Mustaqeem. BAIL No. 27722 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad