Neutral Citation No. - 2025:AHC:18723 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45929 of 2024 Applicant :- Omprakash Kushwah Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Atul Kumar Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 254 of 2024, under Sections 8/20 NDPS Act and Section 111, 2(Kha) BNS, Police Station Ghiror, District Mainpuri during pendency of the trial. 3. According to the prosecution case, applicant was on a motorcycle and behind him other accused persons were on Tata Zest four wheeler and when they were apprehended then from the vehicle 90kg ganja was recovered. 4. Learned counsel for the applicant submits that entire allegation levelled against the applicant is totally false and baseless and even according to the prosecution nothing incriminating was recovered from the possession of the applicant. 5. He further submits that as per prosecution applicant was on motorcycle and recovery was made from four wheeler and applicant is not having any concern with Tata Zest four wheeler. 6. He further submtis that however, apart from the present case applicant is having criminal history of three other cases and out of three cases one case was under the provisions of NDPS Act but his entire criminal history has been explained in the affidavit and supplementary affidavit filed in support of the instant bail application and in all the cases he is on bail. 7. He further submits that due to his previous criminal history applicant has been made accused in the present matter along with other accused persons, who were sitting in four wheeler. 8. He further submits that applicant is in jail in the present matter since 28.10.2024. 9. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation applicant was moving on a motorcycle while behind him other accused persons were in Tata Zest four wheeler and when they were apprehended then from the four wheeler 90kg ganja was recovered and admittedly from the possession of the applicant, who was on motorcycle no recovery was made. 12. Further, however, it appears that apart from the present case applicant is having criminal history of three other cases and out of three cases, one case is under the provisions of NDPS Act but his criminal history has been explained in the instant bail application and in all the cases applicant is on bail. 13. Further, applicant is in jail in the present matter since 28.10.2024. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Omprakash Kushwah 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. 17. 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. 18. 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 :- 10.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad