Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32377 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Amar Nath, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Special Case No. 2322 of 2021 arising out of Case Crime No. 295 of 2021, under Sections 8/20 of NDPS Act, Police Station - Rampur Maniharan, District - Saharanpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. Even the recovered contraband is below commercial quantity. 5. Learned counsel has further stated that non-bailable warrant was issued against the applicant on 01.09.2022 as he could not attend the court. He was arrested on 26.08.2025 and since then he is languishing in jail having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 7. Considering the facts and circumstances of the case, submissions made by Versus Counsel for Applicant(s) : Amar Nath Counsel for Opposite Party(s) : G.A. Mohaseen .....Applicant(s) State of U.P. .....Opposite Party(s)
learned counsel for the parties, nature of offence, severity of punishment and without expressing any opinion on the merits of the case, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Mohaseen, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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 19, 2025 Siddhant BAIL No. 32377 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad