Neutral Citation No. - 2025:AHC:20751 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45100 of 2024 Applicant :- Kasim Ali @ Kassa Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Sri V.P. Tripathi, learned A.G.A., submits that he has received the instructions and has no objection if the bail application is decided on merit. 3. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State-opposite party. 4. The instant bail application under Section 482 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 132 of 2024, under Sections 8/21/29 N.D.P.S. Act, Police Station Biharigarh, District Saharanpur during the pendency of the trial. 5. Learned counsel for the applicant submits that the applicant was not arrested at the spot and has been falsely implicated in the instant case. The name of the applicant was disclosed by co- accused Sajid and Rashid in police custody. The said statements, insofar as they implicate the applicant, are unreliable. No recovery of any incriminating article has been made from the applicant. The mandatory provisions of Sections 50, 51, 52-A of the N.D.P.S. Act have not been complied with. It is next submitted that co-accused Mohd. Sajid has been granted bail by this Court vide order dated 05.12.2024 passed in Criminal Misc. Bail Application No. 42884 of 2024, Mohd. Sajid v. State of U.P. The applicant claims parity. The criminal history of the applicant has been explained in Paragraph-21 of the affidavit and Paragraph-2 of the supplementary affidavit. The applicant is in jail since 19.11.2024 and if he is released on bail, he will not misuse the said liberty. 6. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not arrested at the spot. The name of the applicant was disclosed by co-accused Sajid and Rashid in police custody. No recovery of any incriminating article has been made from the applicant. The mandatory provisions of Sections 50, 51, 52-A of the N.D.P.S. Act have not been complied with. Co-accused Mohd. Sajid has been granted bail by this Court. Moreover, the applicant has remained confined for almost two and half months and there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 8. Let the applicant- Kasim Ali @ Kassa, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 9. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 4.2.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad