Neutral Citation No. - 2025:AHC:35043 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46344 of 2024 Applicant :- Amit Pathak Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Counter affidavit filed by the State and rejoinder affidavit filed by the applicant are taken on record. 2. Heard Sri Ashish Goyal, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.691 of 2024, under Sections 8/21/22/25/27A/29/60 N.D.P.S. Act and Sections 319(2), 318(4), 338, 336(3), 340(2), 111, 276, 277 B.N.S., Police Station Sikandra, District Agra during pendency of the trial. 4. Learned counsel for the applicant submits, on the basis of false allegation, applicant has been made accused in the present matter along with 14 others. He further submits, as per allegation recovery was made from the premises of factory and at the time of recovery applicant was also present there but admittedly applicant was one of the employee in the factory and he was not having any concern with the factory owners, who were co-accused Narendra Sharma and Vijay Goyal. 5. He further submits, co-accused Lokendra Kushwah and Alok Kushwaha were also made accused in the present matter along with applicant and they were also employees in the factory and they have been released on bail by this Court vide orders dated 13.02.2025 and 06.03.2025 passed in Criminal Misc. Bail Application Nos.46672 of 2024 and 46117 of 2024 and on facts case of applicant is at par with them. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 23.10.2024. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed two co-accused have already been released on bail by this Court and applicant is not the owner of the premises from where recovery of alleged contraband was made and he is not having any criminal history and in the present matter he is in jail since 23.10.2024 , in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant - Amit Pathak be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 10.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad