Allowed¶15

Mo Sartaj v. State of U.P.

Allahabad HC19 Nov 2025BAIL/37716/2025

Case brief

AI extract

What is this about?

Allahabad HC (Ashutosh Srivastava, J., 19.11.2025) allows bail to Mo Sartaj in Crim. Misc. Bail Appn. 37716/2025 for Case Crime No. 110/2025, Ss. 8/20, 27-A, 29, 60 NDPS Act, PS Bhabhani, Distt. Sonbhadra; custody since 03.09.2025; parity relied upon with co-accused Mo. Ashif bailed 06.11.2025 (CMB Appn. 35819/2025); no criminal antecedents claimed; bail on personal bond plus two sureties with anti-tampering/no-criminal-activity/witness-protection/appearance conditions; breach permits cancellation.

What did the court decide?

Release of accused-applicant Mo. Sartaj on bail upon execution of a personal bond and two reliable sureties each, in the like amount, subject to the four enumerated conditions; breach of conditions entitles the court below to cancel bail. ¶15

Mo Sartaj vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether accused-applicant Mo Sartaj, in custody since 03.09.2025 in Case Crime No. 110 of 2025 (Sections 8/20, 27-A, 29, 60 NDPS Act; Police Station Bhabhani, District Sonbhadra), should be enlarged on bail.

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Court's answer

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

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Ratio / Principle

The bail application is allowed: accused-applicant Mo. Sartaj to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to the imposed conditions (no tampering with evidence; no indulgence in criminal activity; no pressure on/intimidation of prosecution witnesses and cooperation in trial; regular appearance on dates fixed by the trial court unless exempted through counsel).

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Key takeaways

In the event of breach of any of the aforesaid bail conditions, the court below is at liberty to proceed to cancel the applicant's bail.ratio¶21

Detailed headnote1 paragraphs

Bail granted — NDPS matter: Applicant Mo Sartaj, in custody since 03.09.2025, sought bail (first instance) in Case Crime No. 110 of 2025, under Sections 8/20, 27-A, 29, 60 of the NDPS Act, Police Station Bhabhani, District Sonbhadra. Counsel urged innocence and false implication, absence of recovery of alleged Ganja from the applicant's possession, no criminal antecedent, no likelihood of fleeing justice or tampering with evidence, and parity with similarly circumstanced co-accused Mo. Ashif, who had been enlarged on bail by a Co-ordinate Bench on 06.11.2025 vide Criminal Misc. Bail Application No. 35819 of 2025; the learned AGA opposed the prayer but could not dispute these submissions. Weighing the nature of accusations, severity of punishment upon conviction, supporting evidence, reasonable apprehension of tampering and prima facie case — expressly without commenting on merits — the Court found a case for bail and allowed the application (Ashutosh Srivastava, J.; November 19, 2025). Release was directed on execution of a personal bond and two reliable sureties each, in the like amount, subject to conditions barring evidence-tampering, criminal activity and witness intimidation and requiring regular trial-court attendance; breach authorises the court below to cancel the bail.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 37716 of 2025

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Mo Sartaj

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	.....A	pplicant(s)
State of U.P.	.	....Opposite Party(s)
Counsel for Applicant(s)	: Amit R	ana
Counsel for Opposite Party(s)	: G.A.

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Court No. - 68

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-Respondent and perused the record.

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This bail application has been moved on behalf of the accused-applicant seeking enlargement on bail in Case Crime No. 110 of 2025, under Sections 8/20, 27-A, 29, 60 of the NDPS Act, Police Station Bhabhani, District Sonbhadra.

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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 03.09.2025. He submits that there is no recovery of alleged Ganja from the possession of the applicant. Learned counsel for the applicant submits that similarly circumstanced co-accused Mo. Ashif has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 06.11.2025 in Criminal Misc. Bail Application No. 35819 of 2025. He submits that the applicant has no criminal antecedent to his credit. He further submits that there is no 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 fact.

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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

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BAIL No. 37716 of 2025

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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, Mo. Sartaj, 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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November 19, 2025

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pks

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(Ashutosh Srivastava,J.)

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

Mo Sartaj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mo Sartaj v. State of U.P.

Case brief

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What the court decided

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