Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27005 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Mohd. Jamshed Khan, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 291 of 2025, under Sections 8/20 of NDPS Act, Police Station Bhojpur, District Moradabad, during the pendency of trial. 4. As per the allegations of the FIR, 1.1 kg of charas is said to have been recovered from the possession of the applicant by the police on 16.07.2025 at about 10:30 p.m.
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. Learned counsel for the applicant has next stated that there is no compliance of mandatory provision of Section 52(A) of N.D.P.S. Act. There is no chemical analysis report. Even Section 105 of BNSS has not been complied with. The quantity of the said contraband has been inflated by the informant just to make it fall within the commercial quantity. 6. The applicant is languishing in jail since 17.07.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned State Law Officer has vehemently opposed the bail Versus Counsel for Applicant(s) : Mohd. Jamshed Khan Counsel for Opposite Party(s) : G.A. Mohd. Shaan .....Applicant(s) State of U.P. .....Opposite Party(s)
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. 9. Let the applicants - Mohd. Shaan, 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 11, 2025 Sumit S BAIL No. 27005 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad