Mohd. Haneef Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Mohd. Haneef Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Mohd. Haneef on bail in Case Crime No. 42 of 2025 (Sections 8/20 N.D.P.S. Act, P.S. Rupaidiha, District Bahraich) upon furnishing a personal bond and two sureties each in the like amount, subject to conditions of not tampering with prosecution evidence, not pressurizing prosecution witnesses, and appearance on every trial-court date unless exempted.

Issue for consideration

Whether the applicant, detained in Case Crime No. 42 of 2025 under Sections 8/20 N.D.P.S. Act (P.S. Rupaidiha, District Bahraich) after recovery of 2.021 kilograms of charas from his person, is entitled to release on bail.

Court's answer

Considering that the recovery was not witnessed by any independent person, that the applicant was not taken before any Magistrate or gazetted officer and the search was conducted in the presence of a police officer, that the applicant has no previous criminal history, that he has been languishing in jail since 15.02.2025, and that the investigation already stands concluded, the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail, without making any observation which may affect the merits of the case.

Ratio / Principle

The bail application is allowed; applicant-Mohd. Haneef is to be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount, subject to the conditions that (i) he shall not tamper with the prosecution evidence, (ii) he shall not pressurize the prosecution witnesses, and (iii) he shall appear on each and every date fixed by the trial court unless exempted.

Detailed headnote1 paragraphs

Bail granted — N.D.P.S. Act (Sections 8/20): Mohd. Haneef, implicated in Case Crime No. 42 of 2025 of Police Station Rupaidiha, District Bahraich (FIR lodged 15.02.2025 by a Sub Inspector after interception of a motorcycle rider and pillion on mukhbir information), had four packets of illicit charas totalling 2.021 kilograms recovered from inside his t-shirt during a search conducted in the presence of Circle Officer, Nanpara (co-accused carried 2.029 kilograms); charge sheet followed on 26.02.2025. Granting bail, the Court found decisive that the recovery was witnessed by no independent person, that the applicant was not produced before any Magistrate or gazetted officer for the search, that he had no previous criminal history, that he had been in jail since 15.02.2025, and that investigation stood concluded. Bail allowed with personal bond and two sureties, conditioned on non-tampering with evidence, non-pressurising witnesses, and attendance on all trial dates, expressly without observations affecting the merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 3770 of 2025

Mohd. Haneef

.....Applicant(s)

Versus State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) : Counsel for Applicant(s) Sumit Chauhan, Manoj Kumar Singh, Suraj Singh, Vishnu Narayan Sharma Counsel for Opposite Party(s): G.A.

Court No. - 13

HON'BLE SUBHASH VIDYARTHI, J.

Heard Sri Suraj Singh, learned counsel for the applicant, Sri Ashok Kumar Srivastava, learned Additional Government Advocate for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.42 of 2025, under Sections 8/20 N.D.P.S. Act, registered at Police Station Rupaidiha, District Bahraich.

The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police on 15.02.2025 against two persons, including the applicant stating that on the basis of an information received from a mukhbir two persons riding a motorcycle were intercepted. The motorcycle was being driven by the applicant and other co-accused was sitting on the pillion seat and they confessed carrying illicit charas. Their search was conducted in presence of Circle Officer, Nanpara who was called on the spot and four packets were recovered from inside the t-shirt worn by the applicant and four packets were recovered from the other accused person. The packets recovered from the applicant were of different weights totalling to 2.021 kilograms and the packets recovered from the co-accused contained total quantity of 2.029 kilograms.

In the affidavit filed in support of bail application it has been stated

BAIL No. 3770 of 2025

2

that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 26.02.2025.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the recovery has not been witnessed by any independent person; that the applicant was not taken to any Magistrate or a gazetted officer, rather the search was conducted in presence of a police officer who himself has came to spot; that the applicant has no previous criminal history and he is languishing in jail since 15.02.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant-Mohd. Haneef be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

(Subhash Vidyarthi,J.)

September 22, 2025

Ram.

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench