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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31851 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Abhishek Pandey, Advocate holding brief of Sri Piyush Tripathi, 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.115 of 2025, under Section 8/20/27A/29/60 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Anpara, District- Sonbhadra, during the pendency of trial. 4. As per the allegations of the FIR, 11.3 Kg. Ganja is said to have been recovered from the Bolero vehicle no.UP64 AN 4546 on 2.7.2025 at about 07:00 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. The allegations are per se false. The applicant was not arrested at the spot rather a false case has been foisted on him. The applicant is stated to have run away from the place of occurrence, but he has nothing to do with the said offence as there is no recovery of any contraband from him. 6. It is further argued by learned counsel for the applicant that there is no criminal history of the applicant. The applicant is languishing in jail since Versus Counsel for Applicant(s) : Piyush Tripathi Counsel for Opposite Party(s) : G.A. Vijay Kumar Alias Lalai .....Applicant(s) State of U.P. .....Opposite Party(s)
5.8.2025. The applicant is ready to cooperate with trial. 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 on the ground that in the statement of co-accused person Surendra Kumar recorded U/s 67 of NDPS Act, it has come up that applicant was driving the said vehicle and he alongwith Surendra Kumar used to share the proceeds of said sale of contraband, as such, he is not entitled for bail. 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 and the fact that applicant was not arrested at the spot, without commenting on the merits of the case, prima facie, I find it a fit case for bail. 9. Let the applicant- Vijay Kumar Alias Lalai, 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 pressurize/intimidate 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 24, 2025 Vikas Verma BAIL No. 31851 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad