Allowed

Ismail Khan v. State of U.P.

BAIL – NDPS – Sections 8/20, 29 and 60

Allahabad HC5 Feb 2025BAIL/901/2025

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What is this about?

Bail allowed; NDPS Act Sections 8/20, 29, 60; Case Crime No. 382 of 2024; PS Karwi (Kotwali Nagar), District Chitrakoot; applicant Ismail Khan; custody since 11.06.2024; no criminal antecedent; parity with co-accused Vishnu Shahu (Bail Appln. 30394 of 2024, order dt. 27.09.2024) and Vijay Gupta (Bail Appln. 25705 of 2024, order dt. 28.08.2024); Section 439 Cr.P.C.; High Court of Judicature at Alla

What did the court decide?

Release of accused-applicant Ismail Khan on bail on executing a personal bond and two reliable sureties each, to the satisfaction of the court concerned, subject to four conditions: (1) no tampering w

Ismail Khan vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:40487

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 901 of 2025

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Applicant :- Ismail Khan Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Prasad Mishra,Prateek Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Supplementary affidavit filed in the Court today is taken on record.

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Heard learned counsel for the applicant, Sri Rakesh Shukla, learned AGA for the State-respondents and perused the record.

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This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Ismail Khan, seeking enlargement on bail in Case Crime No. 382 of 2024, under Sections 8/20, 29 and 60 of Narcotics Drugs & Psychotropic Substances Act, Police Station- Karwi (Kotwali Nagar), District- Chitrakoot.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 11.06.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that similarly placed co-accused, Vishnu Shahu and Vijay Gupta have already been enlarged on bail of this Court by orders dated 27.09.2024 and 28.08.2024 passed in Criminal Misc. Bail Application Nos. 30394 of 2024 and 25705 of 2024 respectively, copy of the bail orders produced by learned counsel for the applicant are taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Vishnu Shahu and Vijay Gupta, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed the prayer for bail.

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Considering all above facts and circumstances, the nature of

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accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima 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, Ismail Khan , 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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Order Date :- 20.3.2025 Anjali

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Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad

Ismail Khan v. State of U.P.

Case brief

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Ismail Khan v. State of U.P.

Case brief

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