Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 15546 (ALL)

MOHD ASIF @ GABDA v. STATE OF U.P.

BAIL/36033/2026 · 2026-10-07

Krishan Pahal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36033 of 2026 Court No. - 68 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed today is taken on record. 2. Heard Sri Ali Hasan, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.280 of 2026, under Section 8/21 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Fatehganj Paschimi, District Bareilly, during the pendency of trial. 4. Learned counsel for the applicant has argued that a false recovery of 310 grams of smack has been made from the possession of the applicant. The quantity of the contraband has been inflated by the police to show good work and merely to bring it within the commercial category. The applicant has been falsely implicated in two cases the same day. The criminal history assigned to the applicant stands explained. There is no criminal history of the applicant. The applicant is languishing in jail since 25.08.2026. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without Versus Counsel for Applicant(s) : Ali Hasan, Istiyaq Ali Counsel for Opposite Party(s) : G.A. Mohd Asif @ Gabda .....Applicant(s) State of U.P. .....Opposite Party(s) expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Mohd Asif @ Gabda, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. October 8, 2026 (Ravi Kant) BAIL No. 36033 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad