Shubham Pathak Vs State of U.P. Thru. Prin. Secy. Home Lko.

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 870 of 2025

Applicant :- Shubham Pathak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Supplementary affidavit filed today by the counsel for the applicant is taken on record.

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On 30.1.2025, the following order was passed:

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"Heard learned counsel for the applicant and learned Counsel for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 671 of 2024, under Sections 8/21)c)/29 of the NDPS Act, Police Station Ram Sanehi Ghat, District Barabanki.

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Learned counsel for the applicant submits that the applicant is an student of L.L.B.-III Semester and the examinations are scheduled to be held from 07.02.2025 to 14.02.2025, thus, he may be enlarged on custodial interim bail so that he could appear in the examination.

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On the other hand, learned Counsel for the State submits that the charges levelled against the applicant are very serious and he prays for time to seek detailed instructions in the matter that the examinations are actually scheduled in between 07.02.2025 to 14.02.2025.

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As prayed, list/put up this case on 04.02.2025, as fresh.

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In the meantime, learned Counsel for the State shall seek detailed instructions in the matter."

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While passing the order aforesaid, the State counsel was directed to seek instructions with respect to the schedule of examination of LL.B-III Semester, scheduled in between 07.02.2025 to 14.02.2025 and in response thereto, learned State counsel submits on the basis of oral instructions that the applicant is the student of L.L.B.-III Semester and the examinations are scheduled as stated in the supplementary affidavit.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial

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in Case Crime No. 671 of 2024, under Sections 8/21(c)/29 of the NDPS Act, Police Station Ram Sanehi Ghat, District Barabanki.

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Learned counsel for the applicant submits that the applicant is in jail since 11.12.2024 and his examination is scheduled to be held since 07.02.2025 and the last date of examination is 14.02.2025. He added that for the aforesaid period, the applicant may be released on custodial interim bail so as to appear in the examination. He also submits that the applicant undertakes that he would not tamper any evidence nor would threaten the witnesses during his release on custodial interim bail and further, he would not jump the conditions of bail, which will be fixed by this Court. He further submits that after the examinations are over, the applicant will surrender before the C.J.M. concerned, thus, submission is that he may be released on interim bail.

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Per contra, learned AGA appearing for the State has opposed the contentions aforesaid on merits, but he has no objection, if the applicant is released for custodial short term bail so as to appear in the examination which is scheduled to be held since 07.02.2025.

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Considering the arguments of the learned counsels for the parties and looking into the peculiar circumstances of the applicant, this Court finds a fit case so as to release him on interim bail, in custody.

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Resultantly, the Chief Judicial Magistrate, Barabanki is hereby directed to release the present applicant, Shubham Pathak on interim bail in police custody and the police will take the applicant to the examination centre. It is further provided that after every date of the examination, the applicant will be sent to jail and thereafter on the next date, he will again be taken to the examination centre, subject to the following conditions:-

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(i) The applicant shall file the schedule of examination before the C.J.M. concerned so as to properly ensure the appearance of the applicant in the examination.

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(ii) that 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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(iii) that the applicant shall not pressurize/ intimidate the prosecution witness;

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List/put up this case on 17.02.2025.

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In the meantime, learned State counsel shall file counter affidavit.

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Let this order be intimated to the C.J.M., Barabanki through Senior Registrar of this Court for making proper arrangement.

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The C.J.M., Barabanki shall submit his report/certificate regarding compliance of the order of this Court by the next date fixed.

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It is also provided that on 14.02.2025, i.e., the last date of examination, the applicant shall be sent to jail.

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Order Date :- 4.2.2025 Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shubham Pathak v. State of U.P. Thru. Prin. Secy. Home Lko.

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Shubham Pathak v. State of U.P. Thru. Prin. Secy. Home Lko.

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