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2025 DAILYLAW 87419 (ALL)

RAJEEV KUMAR v. STATE OF U.P.

BAIL/28504/2025 · 2025-09-09

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. - 28504 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Satendra Singh, learned counsel for the applicant as well as Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 267 of 2025, under Section 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Tundla, District- Firozabad, during the pendency of trial. 4. As per the allegations of the FIR, the applicant and co-accused person Ashok Kumar are said to have been apprehended by the police on 25.6.2025 and 62.728 Kg. of Ganja is said to have been recovered from their conscious possession from a car, which was not having any number on it. 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. He has nothing to do with the said offence. He was simply a co-passenger in the car as he had taken lift in it. There is no compliance of mandatory provision of Section 52-A of the N.D.P.S. Act. 6. Learned counsel for the applicant has further stated that even no sample has been drawn in the instant case. The instant case is a blatant misuse of the provisions provided in the NDPS Act. There is no criminal antecedent of the Versus Counsel for Applicant(s) : Satendra Singh Counsel for Opposite Party(s) : G.A. Rajeev Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) applicant. The applicant is languishing in jail since 26.6.2025. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail 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 applicant- Rajeev Kumar, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant 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 10, 2025 Vikas Verma BAIL No. 28504 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad