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2026 DAILYLAW 5865 (ALL)

AKEEL KHAN v. STATE OF U.P.

BAIL/25897/2026 · 2026-09-07

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25897 of 2026 Court No. - 68 (Sr. No.128 out of 185) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Ajeet Kumar, Advocate holding brief of Sri Anjani Kumar Raghuvanshi, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.1216 of 2025, under Section 21/22 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Highway, District- Mathura, 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 with a view to cause unnecessary harassment and to victimize him. A false recovery of 154 gram of alprazolam powder has been foisted on the applicant. The allegations are per se false. There is no compliance of mandatory provision of Section 52A of the N.D.P.S. Act and also there is no chemical analyst's report to corroborate that the recovered contraband is alprazolam powder. The criminal history assigned to the applicant has been explained. The applicant is languishing in jail since 26.12.2025. The applicant is ready to cooperate with trial. 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. Versus Counsel for Applicant(s) : Anjani Kumar Raghuvanshi, Archana Yadav Counsel for Opposite Party(s) : G.A. Akeel Khan .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances coupled with the fact that there is no compliance of mandatory provision of Section 52A of the NDPS Act, without commenting on the merits of the case, prima facie, I find it a fit case for bail. The bail application is allowed. 7. Let the applicant- Akeel Khan, 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 Vikas Verma BAIL No. 25897 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad