Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31263 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Jagdish Prasad Yadav, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 234 of 2025, under Section 109(1) B.N.S., 3/25/27 Arms Act and 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Atrauliya, District Azamgarh, during the pendency of trial. 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. It is a police party firing no injury case. From the joint possession of the applicant and other co-accused person, 50 Kg. of Ganja was recovered. The said contraband is below the commercial quantity. There is no report of the chemical analyst to corroborate the allegations that the alleged contraband is Ganja. 6. Learned counsel for the applicant has further argued that the co-accused person has sustained gunshot injury in the cross-firing by the police. The Versus Counsel for Applicant(s) :
Counsel for Opposite Party(s) :
Nar Singh Yadav .....Applicant(s) State of U.P. .....Opposite Party(s)
criminal history of one case assigned to the applicant stands explained. The applicant is languishing in jail since 16.07.2025. 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. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, (2020) 11 SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. 9. 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. The bail application is allowed. 10.
Let the applicant- Nar Singh Yadav, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. 31263 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