Sarik Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 25610 of 2025

Sarik

	Versus		.....Applicant(s)
State of U.P.			.....Opposite Party(s)
Counsel for Applicant(s)	:	Ali Hasan,	Istiyaq Ali
Counsel for Opposite Party(s)	:	G.A.

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Court No. - 66

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard Shri Ali Hasan, learned counsel for the applicant and Shri Manoj Kumar Singh, learned AGA for the State-respondents and perused the record.

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This is second bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 moved on behalf of accused-applicant, Sarik, seeking enlargement on bail in Case Crime No. 272 of 2024, under Section 8/21/29/60 N.D.P.S. Act, Police Station-Nanauta, DistrictSaharanpur, during pendency of trial.

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First Bail application, being Criminal Misc. Bail Application No. 23 of 2025, of the accused applicant was rejected by this Court vide order dated 10.04.2025.

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Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 26.11.2024. Learned counsel for the applicant submits that present second bail application has been filed on the ground that in the present case charge sheet has been filed on 07.03.2025, cognizance has been taken on 21.05.2025 and charges has been framed on 04.07.2025. He further submits that there are 12 prosecution witnesses and till date none of the witness has been examined. Co-accused, Sadik @ Lallu, was granted bail by this Court in Criminal Misc. Bail Application No. 2619 of 2025, vide order dated 14.05.2025. Applicant has no criminal antecedents and there is no

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BAIL No. 25610 of 2025

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2

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likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid facts.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Sarik , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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(Ashutosh Srivastava,J.)

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September 9, 2025

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Deepak/

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

Sarik v. State of U.P.

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Sarik v. State of U.P.

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