Misc.Bail Application No. 13990 of 2023 · High Court · 2025
Case Details
10. Having heard learned counsel for the parties and having perused the record, it is evident that accusation of the applicant is to the tune that in their bhumidhari land poppy plant is found to have been planted, however, it has not been mentioned either in the F.I.R. or in the statement of any witness as to how much area was used by the applicant for the purpose of planting poppy plants. A letter is shown to have been written by the Revenue Authority to the N.C.B., however, nothing has been brought on record, which may suggest that any action has been taken by the N.C.B. with regard to the said communication and it has not been specified anywhere as to what yield could have been fetched by the crop of these plants. Charge-sheet in this case has already been filed. Identically placed co-accused persons of the alleged crime, namely, Sanjay Maurya,Shafeer Ahmad, Shakeel Ahmad and Nafees Ahmad have already been released on bail by this Court. Applicant is in jail in this case since 16.6.2025 without any previous criminal history. The presence of the applicant could be secured before the trial court by placing adequate conditions. Having regard to all the facts and circumstances of the case, applicability of Section 37(1)(b) of the N.D.P.S. Act is in doubt.
11. Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is, thus, allowed.
12. Let the accused/applicant involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not tamper with the prosecution the witnesses, intimidating/pressurizing evidence during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
14. Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.
15. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. Order Date :- 24.7.2025 kkb/ KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench
10. Having heard learned counsel for the parties and having perused the record, it is evident that accusation of the applicant is to the tune that in their bhumidhari land poppy plant is found to have been planted, however, it has not been mentioned either in the F.I.R. or in the statement of any witness as to how much area was used by the applicant for the purpose of planting poppy plants. A letter is shown to have been written by the Revenue Authority to the N.C.B., however, nothing has been brought on record, which may suggest that any action has been taken by the N.C.B. with regard to the said communication and it has not been specified anywhere as to what yield could have been fetched by the crop of these plants. Charge-sheet in this case has already been filed. Identically placed co-accused persons of the alleged crime, namely, Sanjay Maurya,Shafeer Ahmad, Shakeel Ahmad and Nafees Ahmad have already been released on bail by this Court. Applicant is in jail in this case since 16.6.2025 without any previous criminal history. The presence of the applicant could be secured before the trial court by placing adequate conditions. Having regard to all the facts and circumstances of the case, applicability of Section 37(1)(b) of the N.D.P.S. Act is in doubt.
11. Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is, thus, allowed.
12. Let the accused/applicant involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not tamper with the prosecution the witnesses, intimidating/pressurizing evidence during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
14. Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.
15. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. Order Date :- 24.7.2025 kkb/ KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench