Fariyad Ali Alias Riyaz vs State of U.P.

Neutral Citation No. - 2025:AHC:125535

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9573 of 2025

Applicant :- Fariyad Ali Alias Riyaz Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kant Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Krishna Kant Yadav, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No. 29 of 2024, under Section 8/21 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Munda Pandey, District- Moradabad, during the pendency of trial.

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As per the allegations of the FIR, the applicant is said to have been apprehended by the police on 30.1.2024 and 144 grams of alprazolam is stated to have been recovered from his possession in the form of tablets.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. There is no compliance of mandatory provision of Section 50 & 52-A of the N.D.P.S. Act. The applicant is languishing in jail since 30.1.2024. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the bail application on the ground that the recovery of the contraband article is of commercial quantity.

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In Arif Khan @ Agha Khan v. State of Uttarakhand (2018) 18 SCC 380 , in which the Supreme Court held that Section 50 of the NDPS Act mandatorily required search of the suspect/accused to be carried out in the presence of a magistrate or Gazetted officer, even if such a suspect/accused had waived the right to be taken to a magistrate or Gazetted Officer.

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The Supreme Court in the Case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798 has held that the court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty. It is for the limited purpose essentially confined to the question of releasing the accused on bail that the court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds. But the court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty.

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Considering the facts of the case and keeping in mind, the ratio of the Supreme Court's judgment in the case of Union of India vs. Shiv Shankar Keshari (supra) larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. The bail application is allowed .

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Let the applicant- Fariyad Ali Alias Riyaz , who is involved in aforementioned case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence during trial.

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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 29.7.2025 Vikas

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(Justice Krishan Pahal)

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Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Fariyad Ali Alias Riyaz v. State of U.P.

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Fariyad Ali Alias Riyaz v. State of U.P.

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