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2025 DAILYLAW 87568 (ALL)

PRIYANKA SRIVASTAVA v. STATE OF U.P.

BAIL/28517/2025 · 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. - 28517 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Ms. Antima Rajbhar, learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 200 of 2025, under Section 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Kotwali, District- Mau, during the pendency of trial. 4. As per the allegations of the FIR, the applicant is said to have been apprehended by the police on 21.6.2025 and 14.466 Kg. of Ganja is said to have been recovered from her possession. 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 her. There is no compliance of mandatory provision of Section 52-A of the N.D.P.S. Act. The said contraband is below the commercial quantity. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 22.6.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. Upon hearing learned counsel for the parties, perusal of record and Versus Counsel for Applicant(s) : Antima Rajbhar Counsel for Opposite Party(s) : G.A. Priyanka Srivastava .....Applicant(s) State of U.P. .....Opposite Party(s) 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. 8. Let the applicant- Priyanka Srivastava, who is involved in aforementioned case be released on bail on her 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. 28517 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad