Neutral Citation No. - 2025:AHC-LKO:5065 Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6289 of 2023 Applicant :- Bapina Gouda Opposite Party :- Union Of India Thru. Intelligence Officer D.R.I. Lko. Counsel for Applicant :- Durgesh Kumar Shukla,Ashish Kumar Singh,Pal Singh Yadav,Prathama Singh,Shachindra Pratap Singh Counsel for Opposite Party :- Digvijay Nath Dubey Hon'ble Brij Raj Singh,J. 1. Heard Sri Durgesh Kumar Shukla, learned counsel for the applicant, Sri Digvijay Nath Dubey, learned counsel for opposite party Union of India, DRI, Lucknow, and perused record. 2. This first application for bail under Section 439 CrPC is moved with prayer for bail to applicant in DRI Case No.08/2022 under Section 43 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS), PS Challaned by D.R.I., Gomti Nagar, district Lucknow. 3. It has been submitted by learned counsel for the applicant that the applicant herein is a Driver. It has been further submitted by learned counsel for the applicant that witness Sri Raju Pal was issued summons on 11.11.2022 under Section 67 of N.D.P.S. Act, but the summons could not be served by the Postal Authorities and was returned undelivered with the comment "Item returned unclaimed". Thereafter, summons were issued to Sri Sani Kumar S/o Sri Kalu Ram, the second witness, but his address was also not found. It has been also submitted by counsel for the applicant that there is no independent witness in the present case, and the address of the two witnesses, Raju Pal and Sani Kumar, is not found. He has been further submitted that the owner of the truck driver, namely, Sujeet Kumar, has been granted bail by this court on 18.12.2023 in Criminal Misc. Bail Application No. 11552 of 2023. 4. Learned counsel for the applicant has invited attention of the court towards the recovery-memo wherein it is mentioned that the truck was loaded by the co-accused/truck owner, who is resident of Orissa. 5. Learned counsel for the applicant has also relied on the judgments passed by the Hon'ble Apex Court in the case of Mohd. Muslim @ Hussain v. State (NCT of Delhi), 2023 LiveLaw (SC) 260, and Yusuf @ Asif v. State, 2023 SCC Online 1328, and submits that the applicant is in jail since 30.05.2022, i.e., for near about three years. He has no criminal history and there is no likelihood that the trial would be concluded in near future, because the statement of P.W. 1 is under progress and there are many witnesses to be examined. 6. Mr. Dubey, learned A.G.A. has opposed the prayer for bail, but he could not dispute the fact that the applicant is in jail for the last near about three years. 7. Considering the overall the arguments that the presence of the alleged witnesses is highly doubtful; the co-accused Sujit Kumar has been granted bail; argument that twin conditions contained under Section 37 of the NDPS Act has been satisfactorily dealt in detail; applicant is in jail for near about three years; he has no criminal history and the judgments Mohd. Muslim @ Hussain (supra) and Yusuf @ Asif (supra), it is a fit case for bail. The application for bail is allowed. 8. Let the accused/applicant- Bapina Gouda involved in above- mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) Applicant shall deposit his passport with the trial court and if he is not having any passport issued in his name, he shall file an affidavit in this regard before the trial court. (iv) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail and his involvement in any subsequent crime would be a sufficient ground for the trial court to cancel the facility of bail granted by this Court. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted. 11. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. (Brij Raj Singh, J.) Order Date :- 27.1.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench