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2026 DAILYLAW 1034 (ALL)

MANISH v. STATE OF U.P.

BAIL/7433/2026 · 2026-04-19

Sameer Jain

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 7433 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Prem Chandra Dwivedi, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.824 of 2025, under Section 8/20 NDPS Act, Police Station Ramgarh, District Firozabad, during pendency of the trial. 3. Learned counsel for the applicant submits, however as per allegation from the possession of the applicant, 1 kg. and 60 gram charas was recovered but entire allegations are totally false. 4. He next submits, actually earlier also, police has falsely implicated the applicant in eight other cases including a case under the Provisions of NDPS Act and, only due to his previous criminal history, this time also, police implicated him in the present matter by showing false recovery of contraband. 5. He further submits, even from the record, it reflects at the time of recovery, mandatory provisions of Sections 50 and 52 of NDPS Act have not been complied with. 6. He next submits, the entire criminal history of the applicant has been duly explained and in all the previous cases, he is on bail. 7. He further submits, in the present matter, applicant is in jail since 01.01.2026 i.e. for the last more than three and half months. Versus Counsel for Applicant(s) : Prem Chandra Dwivedi, Vivek Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Manish .....Applicant(s) State of U.P. .....Opposite Party(s) 8. Per contra, learned AGA opposed the prayer for bail and submits, from the possession of the applicant more than 1 kg charas was recovered and, therefore, as per allegations, from the possession of the applicant commercial quantity of charas has been recovered and applicant could not bring any good reason for his false implication. 9. He next submits, even apart from the present case, applicant is having criminal history of eight other cases including the previous case of NDPS Act and it reflects while he was on bail then again he committed the present offence and, therefore, considering the provisions of Section 37 of N.D.P.S. Act, applicant should not be released on bail. 10. I have heard learned counsel for the parties and perused the record of the case. 11. As per allegation, from possession of the applicant commercial quantity of charas was recovered and, however, as per applicant due to previous enmity, police implicated him in the present matter but this Court finds merits in the argument advanced by learned A.G.A. that applicant could not give any cogent reasons for his false implication. 12. Further, even apart from the present case, applicant is having criminal history of eight other cases including one case of NDPS Act and it appears while he was on bail in that case then he committed the present offence. 13. Therefore, considering the provisions of Section 37 of N.D.P.S. Act, I am not inclined to release the applicant on bail. 14. Accordingly, instant bail application stands dismissed. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. April 20, 2026 Mini BAIL No. 7433 of 2026 2 (Sameer Jain,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad