Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27804 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Hemendra Pratap Singh, holding brief of Sri Tarun Kumar Chauhan, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 230 of 2025, under Section 8/15 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Hasanpur, District Amroha, during the pendency of trial. 4. As per the allegations of the FIR, 212.42 kg of poppy straw is said to have been recovered from the pickup vehicle having no. UP.13AT 1986 of the applicant. 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 vehicle belongs to his brother and he has simply been made an accused as he used to drive the said vehicle of his brother. 6. Learned counsel has further stated that co-accused Gayur and Abrar had booked the said vehicle for supplying hay of the animals but instead, the said poppy straw was stuffed in the form of bags in the said vehicle. 7. 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. Versus Counsel for Applicant(s) : Tarun Kumar Chauhan Counsel for Opposite Party(s) : G.A. Zeeshan .....Applicant(s) State of U.P. .....Opposite Party(s)
The applicant is languishing in jail since 16.06.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. 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. 10. Let the applicant - Zeeshan, who is involved in aforementioned case crime 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 the 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. 27804 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad