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2025 DAILYLAW 96539 (ALL)

VIJAY ALIAS VIJAR v. STATE OF U.P.

BAIL/32344/2025 · 2025-09-18

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. - 32344 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Navaneet Kumar Shukla, learned counsel for the applicant and Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 157 of 2025, under Section 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Binauli, District Baghpat, during the pendency of trial. 4. As per the allegations of the FIR, 1.250 kg of ganja is said to have been recovered from the possession of the applicant. 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. Learned counsel for the applicant has stated that the alleged contraband is below the commercial quantity. The allegations are per se false. There is no report of the chemical analyst to corroborate that the alleged contraband is ganja or not. 6. The criminal history assigned to the applicant has been explained. The applicant is languishing in jail since 30.05.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Navaneet Kumar Shukla, Prabhat Pandey Counsel for Opposite Party(s) : G.A. Vijay Alias Vijar .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned A.G.A. has vehemently opposed the bail application. 8. 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. 9. Let the applicant - Vijay @ Vijar, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 19, 2025 Sumit S BAIL No. 32344 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad