Amit Patel Alias Gorelal Patel vs State of U.P.

Neutral Citation No. - 2025:AHC:63029

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2175 of 2025

Applicant :- Amit Patel Alias Gorelal Patel Opposite Party :- State of U.P. Counsel for Applicant :- Akhand Pratap Singh,Shobhit Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant, Sri Ajay Singh, learned A.G.A. for the State-Respondent and perused the record of the case.

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The present bail application has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 154 of 2024, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station kalinjar, District Banda.

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Learned counsel for the applicant has contended that 9 Kg. 310 Gram Ganja alleged to have been recovered from the possession of the applicant, which is below the commercial quantity. 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 Section 50 of the N.D.P.S. Act. There is no report of chemical analyst. 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. The applicant, who is in jail since27.09.2024 having no criminal history to his credit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 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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Without expressing any opinion on the merits, let the applicant Amit Patel Alias Gorelal Patel, involved in the 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 :- 24.4.2025 pks

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Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad

Amit Patel Alias Gorelal Patel v. State of U.P.

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Amit Patel Alias Gorelal Patel v. State of U.P.

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