Mo Salman Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

Mo Salman Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 30004 of 2025

Mo Salman

.....Applicant(s)

Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Vijay Bahadur
Counsel for Opposite Party(s)	: G.A.

Court No. - 66

HON'BLE ASHUTOSH SRIVASTAVA, J.

Supplementary affidavit filed today is taken on record.

Heard Shri Vijay Bahadur, learned counsel for the applicant, Shri Punit Kumar Singh, learned A.G.A. for the State and perused the record of the case.

This is the second bail application filed by the applicant. The first bail application filed by the present applicant has been rejected by this Court by means of a detailed order dated 27.5.2025 passed in Criminal Misc. Bail Application No. 15151 of 2025 (Mo. Salman Vs. State of U.P.), a copy of which has been brought on record as Annexure-1 to the bail application.

The applicant- Mo. Salman, has filed this second bail application with a prayer to enlarge him on bail in Crime No. 0026 of 2025, under Sections 8/20/29/60 of NDPS Act, Police Station Akrabad, District Aligarh, during the pendency of the trial.

In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court.

Apart from the above, learned counsel for the applicant submits that coaccused Nitesh Pratap Singh has already been enlarged on bail by coordinate Bench of this Court on 8.8.2025 in Criminal Misc. Bail Application No. 13353 of 2025. The applicant, who is in jail since 18.1.2025 having one

BAIL No. 30004 of 2025

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case of criminal history to his credit, which has sufficiently been explained, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co-accused has already been granted bail by this Court.

Considering the facts of the case, 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 expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.

Without expressing any opinion on the merits, let the applicant Mo. Salman involved in abovesaid 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 :-

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

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

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

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.

(Ashutosh Srivastava,J.)

September 19, 2025 Pawan/Ravi Prakash

Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad