Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31274 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ram Kumar Pal, Advocate holding brief of Sri Dharmendra Kumar Rajput, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.199 of 2023, under Sections 08/20/29/37/60 N.D.P.S. Act, Police Station Kapoorpur, District Hapur, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. There is no recovery from the applicant. The case of the applicant is at a better footing to the co-accused persons. There is no criminal history of the applicant. The applicant is languishing in jail since 30.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that there is no recovery from the applicant, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail Versus Counsel for Applicant(s) : Dharmendra Kumar Rajput, Pawan Kumar Srivastava Counsel for Opposite Party(s) : G.A. Subrat Rai .....Applicant(s) State of U.P. .....Opposite Party(s)
application is allowed.
7. Let the applicant- Subrat Rai, 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 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.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. 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 12, 2025 (Ravi Kant) BAIL No. 31274 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad