Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75958 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31533 of 2024 Applicant :- Meraj Ahmad Opposite Party :- Narcotics Central Bureau Counsel for Applicant :- Pradeep Kumar,Akash Tomar,Bala Nath Mishra,Mujeeb Khan,Rajrshi Gupta,Ram Vishal Mishra,Sarvesh,Vineet Vikram Counsel for Opposite Party :- Ashish Pandey Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant, Sri Ashish Pandey,
learned counsel appearing for NCB and perused the record. This bail application has been given by the accused applicant Meraj Ahmad in Case Crime No. 16 of 2024, under Section 8/18/25/29 of NDPS Act, P.S.- NCB Lucknow, District Lucknow.
Learned counsel for the applicant has submitted that according to prosecution version, on 28.6.2024 NCB teams intercepted a black colour Hundai Verna Car registration no. JHOIFD-5222 on the basis of secret information in which opium was loaded; the police seized the vehicle as it was found loaded with illegal commercial quantity of opium; three persons were arrested from the vehicle, who disclosed their name as Karan Singh Munda, Ramnath Munda and Ratan Singh Munda; 10 kg. opium was found from the vehicle. He next submitted that no recovery has been effected from the accused applicant nor he was arrested on the spot; his name surfaced in the confessional statement of co-accused recorded by the police which is not a piece of evidence; the applicant is in jail since 30.6.2024; the applicant has been falsely implicated in this case; there is no material or evidence collected against the applicant to suggest his guilt in the offence in terms of section 67 of NDPS Act. The applicant undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned counsel for NCB has vehemently opposed the prayer of bail and submitted that at the time of lodging the complaint, the investigating officer was aware of certain debit transaction from the wife of accused applicant from her bank account and she has been sent notice by the NCB and is cooperating in the inquiry;
summoning order has also been passed by the trial court in complaint filed by NCB against the applicant as well as his wife Aarsi Nazz, however, interim order has been passed in favour of Aarsi Naaz. Having heard the submission of learned counsel of both sides, considering the fact that no contraband has been recovered from the possession of the applicant, his name surfaced in confessional statement of co-accused and without commenting on the merits of the case, I find it to be a fit case for bail. Let applicant be released on bail in aforesaid case crime on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/ court concerned, subject to following conditions:- (i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 9.5.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad