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2025 DAILYLAW 89124 (ALL)

SHOBIT KATIYAR v. STATE OF U.P.

BAIL/29562/2025 · 2025-09-10

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29562 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit has been filed by Shri Shailendra Kumar Tripathi, learned counsel for the applicant today in the Court, which is taken on record. 2. Heard Sri Shailendra Kumar Tripathi, learned counsel for the applicant, 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. 534/2025, under Section 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Kannauj, District- Kannauj, 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 13.07.2025 and 35.830 Kg. of Ganja is said to have been recovered from the possession of the applicant along with other co-accused Vipin. 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. There is no compliance of mandatory provision of Section 52-A of the N.D.P.S. Act. Recovered contraband has been recovered from the the possession of the applicant along with other co-accused Vipin, which was below the commercial quantity. The applicant has nothing to do with the said offence. There is no chemical analyst report corroborate the fact that the Versus Counsel for Applicant(s) : Shailendra Kumar Tripathi Counsel for Opposite Party(s) : G.A. Shobit Katiyar .....Applicant(s) State of U.P. .....Opposite Party(s) said contraband was Ganja. It is further submitted that criminal history of one case of applicant, has been explained in supplementary affidavit, copy of bail order has been annexed as SA-1 to the supplementary affidavit. The applicant is languishing in jail since 14.07.2025. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. 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, prima facie, I find it a fit case for bail. 8. Let the applicant- Shobit Katiyar, 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. 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 11, 2025 Sharad/- BAIL No. 29562 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad