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2026 DAILYLAW 4823 (ALL)

RAJESH MAHRA v. STATE OF U.P.

BAIL/6331/2026 · 2026-09-07

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6331 of 2026 Court No. - 68 (Sr. No.70 out of 185) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Rejoinder affidavit filed today is taken on record. 2. Heard Sri Arun Kumar Bajpai, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.06 of 2026, under Section 8/20 of N.D.P.S. Act, Police Station Gajipur, District Fatehpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false. Even the recovery is sham. There is no compliance of mandatory provisions of Section 52-A of the N.D.P.S. Act. T he applicant has no criminal history and is in jail since 14.01.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned State Law Officer has vehemently opposed the bail application on the ground that there is compliance of Section 50 of the N.D.P.S. Act, although Section 52-A of the N.D.P.S. Act could not be complied with. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that there is no compliance with the mandatory provisions of Section 52-A of the N.D.P.S. Act, and without expressing any opinion on the Versus Counsel for Applicant(s) : Arun Kumar Bajpai Counsel for Opposite Party(s) : G.A. Rajesh Mahra .....Applicant(s) State of U.P. .....Opposite Party(s) 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- Rajesh Mahra, 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. September 8, 2026 (Ravi Kant) BAIL No. 6331 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad