Gore Gharti Magar v. State of U.P. Thru. Addl. Chief Secy. Home Lko.
Case brief
What is this about?
NDPS Act bail application (Sections 8/20) allowed by High Court of Judicature at Allahabad, Lucknow Bench (Karunesh Singh Pawar, J., order dated 30.7.2025; Neutral Citation 2025:AHC-LKO:44157). Case Crime No. 51 of 2025, P.S. Rupaideeha, District Bahraich; alleged recovery of charas weighing 9.900 kg from applicant's hand bag; applicant Gore Gharti Magar in jail since 05.03.2025, no criminal history; Section 37 NDPS Act twin conditions held satisfied; counsel raised non-signing of recovery memo by gazetted officer and non-following of Section 52-A NDPS Act; release on personal bond and two sureties with anti-tampering, no-intimidation, no-inducement, no-adjournment-undertaking and attendance conditions; references to s. 229-A IPC/now s. 269 BNS, s. 82 Cr.P.C./now s. 84 BNSS, s. 174-A IPC/now s. 209 BNS.
What did the court decide?
Bail application allowed; applicant Gore Gharti Magar to be released on bail in Case Crime No. 51 of 2025 subject to furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court, with conditions: (i) no tampering with evidence; (ii) no pressurising/intimidating prosecution witnesses; (iii) no inducement, threat or promise to dissuade disclosure of facts; (iv) undertaking not to seek adjournments on evidence dates when witnesses are present, failing which the trial court may treat it as abuse of bail liberty; (v) presence before the trial court on each fixed date personally or through counsel, absence without sufficient cause inviting proceedings under Section 229-A IPC (now Section 269 BNS); (vi) misuse of bail liberty triggering proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) and, on failure to appear, proceedings under Section 174-A IPC (now Section 209 BNS).