Umesh Kumar Singh Vs State of U.P.

Neutral Citation No. - 2025:AHC:95226

Court No. - 48

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16201 of 2025

Applicant :- Umesh Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar Singh,Rishiraj Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant in Case Crime No. 53 of 2025, under Sections - 8/20/29/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station - Rakabganj, District - Agra, with the prayer to enlarge him on bail.

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It is submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. As per prosecution version, on 26.03.2025 the police have intercepted a motorcycle and applicant and co-accused persons were apprehended and 57.510 kg 'ganja' was recovered from them. It was submitted that the alleged recovery is false and baseless and that there is no independent witness of the said recovery. It was stated that the mandatory provisions of N.D.P.S. Act, including Section 50 of the N.D.P.S. Act, have not been complied with. It is further submitted that similarly placed co-accused Arjun Singh has been granted bail by this Court vide order dated 02.06.2025 passed in Criminal Misc. Bail Application No. 16052 of 2025 and thus, the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 27.03.2025, having no previous criminal history. Lastly, it was submitted that in case applicant is granted bail, he shall not misuse the liberty of bail and co-operate during trial.

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Learned A.G.A. has opposed the prayer for bail. However, it could not be disputed that similarly placed co-accused Arjun Singh has already been granted bail

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by this Court.

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Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Accordingly the instant bail application is hereby allowed .

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Let the applicant - Umesh Kumar Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:

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(i) The applicant shall not tamper with the evidence during trial.

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(ii) The applicant shall not pressurize / intimidate the prosecution witnesses.

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(iii) The applicant shall appear before the trial court on the date fixed, unless his personal appearance is exempted.

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(iv) The applicant shall not try to contact, threat or otherwise influence the informant or any of the witness of the case.

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