Neutral Citation No. - 2025:AHC:10781 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46256 of 2024 Applicant :- Istkaar @ Istkhar Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Abdul Majid Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Abdul Majid, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.28 of 2024, under Section 8/21 N.D.P.S. Act., Police Station Mirzapur, District Saharanpur during pendency of the trial. 3. Learned counsel for the applicant submits applicant was not named in the FIR but during investigation on the basis of statement of co-accused Smt Nazrana@ Chhoto who was apprehended along with 80 gram smack, applicant has been made accused in the present matter. 4. He further submits that admittedly nothing incriminating could be recovered from the possession of applicant. 5. He further submits that co-accused Smt Nazrana@ Chhoto has been released on bail by this Court vide order dated 30.4.2024 passed in Criminal Misc. Bail Application No. 15527 of 2024. 6. He further submits that applicant is not having previous criminal history of N.D.P.S. Act and in the present matter applicant is in jail since 24.10.2024. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the fact that no contraband was recovered from the possession of the applicant and his name was disclosed by the co- accused Smt Nazrana@ Chhoto from whose possession contraband was alleged to have been recovered and she has already been released on bail and applicant is not having previous criminal history of N.D.P.S. Act and in the present matter applicant is in jail since 24.10.2024, 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 - Istkaar @ Istkhar 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 :- 22.1.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad