Manish Vs State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 9961 of 2025

Manish

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. .....Opposite Party(s) Counsel for Applicant(s) : Syed Ahmad Mehdi Counsel for Opposite Party(s) : G.A.

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Court No. - 15

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HON'BLE KARUNESH SINGH PAWAR, J.

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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 aforesaid case has been registered on the basis of an F.I.R. lodged on 22.08.2025 against five persons including the applicant, stating that on the basis of information received from a mukbir, the police went to raid the house of co-accused Rajesh Kumar. On the way, the police came across the applicant and co-accused. The applicant was carrying a packet. While police was searching the house, the applicant and co-accused escaped. 172.400 Kg ganja was recovered from the house of Rajesh Kumar kept in five sacks. 500 gms ganja was taken out as sample. Rajesh Kumar stated that he has sold 5 Kg of ganja to the applicant and co-accused. Thereafter, the police arrested the applicant and recovered 5 Kg ganja from them.

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Learned counsel for the applicant submits that the co-accused persons namely Meena @ Jalebi, who is the mother of the applicant, having been assigned similar role, has been granted bail by the coordinate bench of this Court vide order dated 24.09.2025, passed in Criminal Misc. Bail Application No. 9076 of 2025. Hence, the present applicant seeks parity.

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It is further submitted that the applicant has no criminal antecedents and he is languishing in jail since 22.08.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the submissions advanced, perusal of the record,

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BAIL No. 9961 of 2025

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2

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the bail order of the co-accused Menna @ Jalebi, as also the fact that the applicant has no criminal antecedents and he is languishing in jail since 22.08.2025; the alleged recovery is below the commercial quantity; the manner in which the sampling has been done; without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity.

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Accordingly, the bail application is allowed on the ground of parity.

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Let the applicant- Manish, involved in Case Crime No. 163 of 2025, under Sections 8/20(kha), 2(Ga) of Narcotic Drugs and Psychotropic Substances Act, 1985, P.S. Gosainganj, District Faizabad/Ayodhya, 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 with the following conditions which are being imposed in the interest of justice:-

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

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S.

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October 17, 2025 DiVYa

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(Karunesh Singh Pawar,J.)

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

Manish v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

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Manish v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

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