HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33958 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Girish Singh, learned counsel for the applicant, Shri Ajay Singh, learned AGA for the State and perused the entire material available on record. This is the second bail application filed by the applicant. The first bail application filed by the present applicant was rejected by this Court by means of a detailed order dated 19.5.2025 passed in Criminal Misc. Bail Application No. 12225 of 2025 (Narendra Kumar Vs. State of U.P.), a copy of which has been brought on record as Annexure-1 to the application. The applicant-Narendra Kumar, has filed this second bail application with a prayer to enlarge him on bail in Case Crime No. 91 of 2025, under Section 8/20 of NDPS Act, Police Station- Majhola, District Moradabad, during the pendency of the trial. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. Apart from the above, learned counsel for the applicant submits that charges in this case has already been framed, but till date, no prosecution witnesses are examined by the Trial Court. Learned counsel for the applicant submits that co-accused Julfikar Ali has already been granted bail by co-ordinate Bench of this Court on 17.9.2025 in Crl. Misc. Bail Application No. 11856 of 2025. Learned counsel for the applicant argued that the accused-applicant Versus Counsel for Applicant(s) : Girish Singh Counsel for Opposite Party(s) : G.A. Narendra Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 5.2.2025. 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. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity. Considering the facts of the case, 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. Accordingly, the bail application is allowed. Let the applicant Narendra Kumar involved in abovesaid case crime 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 that :- 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and BAIL No. 33958 of 2025 2 sureties be verified by the court concerned before the bonds are accepted. October 9, 2025 Ravi Prakash BAIL No. 33958 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad