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2025 DAILYLAW 94121 (ALL)

RAHIDUL MIYAN ALIAS AHIDUL MIYAN v. STATE OF U.P.

BAIL/30995/2025 · 2025-09-16

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. - 30995 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Upendra Upadhyay, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 218 of 2025, under Section 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Crossing Republic, District Ghaziabad, during the pendency of trial. 4. As per the allegations of the FIR, total amount of 20.700 kg of ganja is said to have been recovered from the two accused persons by the police on 01.07.2025 at about 3:35 p.m. 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. 6. Learned counsel for the applicant has stated that 10 kg of ganja is said to have been recovered from the personal search of the applicant. The said contraband is below the commercial quantity as rigors of Section 37 of the N.D.P.S. Act do not apply in the instant case. 7. The applicant is languishing in jail since 02.07.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Deepak Kumar Upadhyay, Upendra Upadhyay Counsel for Opposite Party(s) : G.A. Rahidul Miyan Alias Ahidul Miyan .....Applicant(s) State of U.P. .....Opposite Party(s) 8. Learned State Law Officer has vehemently opposed the bail application. 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, I find it a fit case for bail. 10. Let the applicants -Rahidul Miyan Alias Ahidul Miyan, who is involved in aforementioned case crime 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 the 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 17, 2025 Sumit S BAIL No. 30995 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad