BAIL/13420/2026 of SURAJ GIRI AND ANOTHER Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13420 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Madhavendra Singh, learned counsel for the applicants and Shri O.P. Singh, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer to release him on bail in Case Crime No. 131 of 2026, under Sections 8, 20(b), 27A, 29 of Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Ramkola, District Kushinagar, during pendency of the trial. 3. It has been submitted by learned counsel for the applicants that the applicants are innocent and they have been falsely implicated in this case due to ulterior motive. It is further submitted that the applicants are the police personnel and nothing has been recovered from their possession and their names have surfaced in the confessional statement of arrested co-accused Sundar Lal Nishad and Suresh Yadav and from their possession 21.1 Kg of ganja is said to have been recovered. The applicants are languishing in jail since 24.03.2026. It was also submitted that applicants undertake to co-operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. Versus Counsel for Applicant(s) : Madhavendra Singh Counsel for Opposite Party(s) : G.A. Suraj Giri And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant. 5. Applicants are the police personnel and nothing has been recovered from their possession and their names have surfaced in the confessional statement of arrested co-accused Sundar Lal Nishad and Suresh Yadav and from their possession 21.1 Kg of ganja is said to have been recovered. The applicants are languishing in jail since 24.03.2026. 6. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. 7.  Let the applicants - Suraj Giri and Nitesh Kumar Yadav involved in the aforesaid case crime shall be released on bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned :- (i) The applicants 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. 8. In case of breach of any of the above conditions, it shall be a ground for BAIL No. 13420 of 2026 2 cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. April 23, 2026 RKM BAIL No. 13420 of 2026 3 (Jitendra Kumar Sinha,J.)