Neutral Citation No. - 2025:AHC:30274 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45981 of 2024 Applicant :- Abhishek Tomar Alias Fodale Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Pankaj Dwivedi, learned counsel for the applicant and Shri R. K. Srivastava, learned A.G.A. representing the State Respondent. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant 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. The allegations made in the First Information Report is false and fabricated. 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. Nothing has been recovered from the applicant. The real fact is that the applicant is a labour he is doing the work of loading the goods in vehicles. There is no public witness of the aforesaid recovery. 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. It is further submitted that on the similar footing the co-accused Santosh Kumar has been granted bail by this Court vide order dated 17.12.2024 passed in Criminal Misc. Bail Application No. 37885 of 2024, therefore, applicant is also entitled to be released 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, Abhishek Tomar Alias Fodale, 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 :- 4.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad