Anwaar Ali Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Neutral Citation No. - 2025:AHC-LKO:48027

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7633 of 2025

Applicant :- Anwaar Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Aasif Razzaque Khan,Asim,Rajat Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0098 of 2025, under Section 8/20 N.D.P.S. Act, registered at Police Station Aasivan, District Unnao.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.04.2025 by a Sub Inspector of Police against the applicant and one Manoj Tiwari stating that both the accused persons were apprehended on the basis of an information received from a mukhbir. 2.550 Kgs. charas wrapped in a polythene was recovered from a bag being carried by the applicant and 2.650 Kgs. charas was recovered from the other accused Manoj Tiwari. The F.I.R. states that when the accused persons disclosed that they were carrying charas they were given an option to get themselves searched in presence of a gazetted officer or Magistrate, both the accused persons expressed their willingness for their search being carried out in presence of a gazetted officer. The Circle Officer of police was called on the spot.

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Section 50 of NDPS Act contemplates that in such a situation the accused person shall be taken to a gazetted officer or Magistrate to ensure that the search is carried out in presence of a responsible independent officer of the government. Calling a Circle Officer of police on the spot to witness the recovery does not fulfill the spirit of Section 50 NDPS Act as the police officer is not an independent officer.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail on the basis of instructions provided to him but the instructions do not contain any instruction about collecting samples of the substance and sending the same for being tested. The learned A.G.A. has stated the allegations have been established during investigation and a charge sheet has been submitted on 13.04.2025.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history and he is languishing in jail since 07.04.2025 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.

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Accordingly, this bail application stands allowed .

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Let the applicant-Anwaar Ali 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

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concerned, subject to following conditions:-

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

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(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.

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(Subhash Vidyarthi, J.)

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Order Date :- 18.8.2025 Ram.

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

Anwaar Ali v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

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Anwaar Ali v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

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