Neutral Citation No. - 2025:AHC:29000 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42626 of 2024 Applicant :- Praveen Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Singh,Neetu Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ashutosh Singh, learned counsel for the applicant and Shri Yagyavalk Pandey, learned A.G.A. representing the State respondents. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Praveen Kumar, seeking enlargement on bail in Case Crime No. 372 of 2024, under Sections 8, 20, 29, 60 of Narcotic Drugs and Psychotropic Substances (N.D.P.S.) Act, Police Station-Shahganj, District-Agra. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 20.08.2024. First Information Report has been lodged on 19.08.2024 with the allegation that seven persons including the applicant have been arrested by the police and the police has recovered 90 Kilogram Ganja from vehicle No. RJ-05-GB-3005 and the recovery of 40 Kilograms has been shown from the vehicle No. UP-85-AT-3646. He further submits that the applicant is owner of the Truck in question and the said Truck was used for the purpose of transportation of several goods and the applicant being owner of the truck has no concern about the material transported. He further submits that the alleged truck was coming at the time of no entry and when the police personnel stopped the said truck and there occurred some hot talk between the driver and the police personnel and due to which the applicant being owner of the truck has. There is no public witness of the aforesaid recovery. The applicant is languishing in jail since more than seven months. Co-accused Santosh Kumar, has been granted bail by this Court in Criminal Misc. Bail Application No. 37885 of 2024 vide order dated 17.12.2024. 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. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those facts and circumstances, the nature of 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. Accordingly, the bail application is allowed. Let the accused-applicant, Praveen Kumar, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 24.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad