Shabbir vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 33210 of 2025

Shabbir

	Versus .....	Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	: Fasiha Fatma, Sayeed Saif Saba	Ullah, Sufia
Counsel for Opposite Party(s)	: G.A.

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Court No. - 69

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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Heard Sri Sayeed Saif Ullah, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.203 of 2025, under Sections8/20/29 NDPS Act, Police Station-Kutubsher, District-Saharanpur, during the pendency of the trial.

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Contention of learned counsel for the applicant is that on the basis of recovery of 728 gm charas from the bag of the applicant which was not witnessed by any independent witness, applicant has been falsely implicated. It is further submitted that the recovered contraband is below the commercial quantity. It is further submitted that there is violation of Section 50 of NDPS Act. It is further submitted that applicant has explained the criminal history of three cases in the accompanying affidavit. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 06.07.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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Per contra, learned A.G.A. has vehemently opposed the prayer for

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BAIL No. 33210 of 2025

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bail but could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Shabbir, involved in the aforementioned 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:-

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i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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

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

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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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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It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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BAIL No. 33210 of 2025

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It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

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Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.

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(Arun Kumar Singh Deshwal,J.)

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November 19, 2025

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S.C.

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Shabbir v. State of U.P.

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Shabbir v. State of U.P.

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