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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31343 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Dushyant Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.33 of 2025, under Sections 8/20, 29/60 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Mant, District Mathura, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant although named in the FIR, but he was not arrested at the spot. He has simply been implicated in the case on the basis of recovery of a mobile from the dashboard of the car no.DL 5CS 1897. The applicant has nothing to do with the said offence. The criminal history of four cases assigned to the applicant stands. He has no criminal history under N.D.P.S. Act. The applicant is languishing in jail since 01.05.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. 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. Versus Counsel for Applicant(s) : Dushyant Singh, M.C. Singh Counsel for Opposite Party(s) : G.A. Nazim .....Applicant(s) State of U.P. .....Opposite Party(s)
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. The bail application is allowed. 8. Let the applicant- Nazim, 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. 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 12, 2025 (Ravi Kant) BAIL No. 31343 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