Neutral Citation No. - 2025:AHC:112378 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6436 of 2025 Applicant :- Ashok Kumar Kushwah Opposite Party :- State of U.P. Counsel for Applicant :- Jai Raj Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Jai Raj, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Ashok Kumar Kushwah, seeking enlargement on bail in Case Crime No. 691 of 2024, under Sections 8, 21, 22, 25, 27A, 29, 60 NDPS Act and 319 (2), 318 (4), 338, 336 (3) 340 (2), 111, 276, 277 BNS, Police Station Sikandra, District Agra. The bail application of the applicant in the court below was rejected by the learned Additional Sessions Judge/Spl. Judge (NDPS Act), Court No. 14, Agra, vide order dated 28.11.2024. 3. The allegation made in the FIR is that after receiving information from mukhbir khas on 21.10.2024 the first informant namely S.I. Sri Gaurav Kumar, ANTF Agra, suspecting that some persons namely Narendra Sharma and Vijay Goyal are running a factory at Zonal Park area, in which they are making duplicate/spurious medicine and dealing with narcotics, after taking permission under Section 41 (2) NDPS Act, constituted a team and conducted a raid at the Zonal Park Factory area and seized a lot of contraband and medicines, tablets, capsules and some raw material including equipment for making tablets and capsules and arrested the applicant and other accused person on 22.10.2024. 4. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 22.10.2024. He has criminal antecedent of one case, which has been explained in para 30 of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that there is no evidence against the applicant except confessional statement of applicant and other co-accused persons. No incriminating article has been recovered from the possession of the applicant except his mobile phone and some money which belong to him. It is submitted that the applicant is an unemployed person and the burden of maintenance of his family is over him and he is uneducated person and in greed of the employment to maintain his family, he approached the owner of the factory and got employed on daily basis labour at Rs. 8000/- per month. It is next submitted that there is no compliance of the mandatory provision of NDPS Act under Sections 50 and 52A. No offence is made out against the applicant under the aforesaid sections. It is further submitted that the co-accused persons namely Lokendra Kushwah, Jitendra Kushwah, Bhola Kushwah, Ravi Kant Kushwah and Shivkumar Kushwah have been granted bail by coordinate Bench of this Court, vide orders dated 13.02.2025, 28.02.2025, 05.03.2025 and 28.02.2025, passed in Crl. Misc. Bail Application Nos. 46672 of 2024, 697 of 2025, 7535 of 2025 and 689 of 2025. It is lastly submitted that the alleged entire prosecution story against the applicant is false, fabricated, baseless and concocted. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Ashok Kumar Kushwah, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. ii. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. iv. 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. 9. 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 :- 11.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad