Mahesh Yadav vs State of U.P.

Neutral Citation No. - 2025:AHC:79087

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12320 of 2025

Applicant :- Mahesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Viveka Nand Maurya,Manish Kumar Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Supplementary affidavit filed today is taken on record.

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Heard Shri Manish Kumar Singh, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the Staterespondents and perused the record.

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The present bail application under Section 483 B.N.S.S. has been filed on behalf of applicant, Mahesh Yadav with a prayer to release him on bail in Case Crime No. 586 of 2024, under Sections 8/22/29/60 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Jalesar, District- Etah.

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Learned counsel for the applicant has contended that 475 gm. of cocaine and 667 grams heroin and mobile phones are alleged to have been recovered from the joint possession of the applicant and co-accused persons. It is submitted that the applicant is a student and preparing for competitive examination and he was sitting in the alleged vehicle as a bonafide passenger as he was going to Etah from District Agra. The recovery has been shown from the possession of the applicant of one mobile phone, Adhar Card, Pan card, Voter I.D, and some other credit cards are planted one. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Sections 41, 42, 43, 50, 52 & 57 of the N.D.P.S. Act. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. Co-accused Ashish Yadav, has been granted bail by this Court, in Criminal Misc. Bail Application No. 10936

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of 2025, vide order dated 12.05.2025. The applicant, who is in jail since 31.12.2024 having no criminal history to his credit, deserves to be released on bail on the ground of parity. In case the applicant is released on bail he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity.

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Considering the facts of the case and keeping in mind larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed .

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Let the applicant Mahesh Yadav involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 14.5.2025 Deepak/

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Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Mahesh Yadav v. State of U.P.

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Mahesh Yadav v. State of U.P.

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