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2025 DAILYLAW 98818 (ALL)

MOHAMMAD SAMEER ALIAS SANEEF v. STATE OF U.P.

BAIL/32326/2025 · 2025-10-05

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32326 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Pavan Kumar Kushwaha, Advocate holding brief of Sri Thakur Prasad Dubey, learned counsel for the applicant, Sri Yogesh Mishra, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 159 of 2020, under Section 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station-Dilari, District-Moradabad, during the pendency of trial. 5. As per the allegations of the FIR, the applicant is said to have been apprehended by the police on 17.05.2020 and 290 grams of charas is said to have been recovered from his possession. 6. 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 arrested during the Covid- 19 Pandemic period and subsequently he was granted bail but he could not appear in court due to the Covid-19 pandemic and he surrendered on 15.06.2025. Criminal history of two cases assigned to the applicant stands explained. The applicant is languishing in jail since 15.06.2025 and he is Versus Counsel for Applicant(s) : Thakur Prasad Dubey Counsel for Opposite Party(s) : G.A. Mohammad Sameer Alias Saneef .....Applicant(s) State of U.P. .....Opposite Party(s) 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. 8. 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant-Mohammad Sameer Alias Saneef, 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 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. October 6, 2025 Karan BAIL No. 32326 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad