Neutral Citation No. - 2025:AHC-LKO:46048 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7319 of 2025 Applicant :- Vikki Gupta @ Vikki Nepali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Amit Kumar Awasthi,Shubham Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Shubham Shukla, learned counsel for the applicant, Shri Mahendra Sinha, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.165 of 2025 under Sections 8/21/23 of NDPS Act registered at Police Station- Palia, District- Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on by the Sub-Inspector of Police on 04.05.2025 against three persons, including the applicant and his wife Basanti, stating that on the basis of an information received from a mukhbir, the police reached the place. Upon seeing the police, the applicant and his wife, who were known to the police, went away on a motorcycle. The other co-accused person Kailash Kaur was arrested and brown sugar was recovered from her besides some other valuable article. 4. In her custodial statement she stated that the applicants are partners in commission of offence by her. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 6. The applicant's wife has filed a Crl. Misc. Writ Petition No.4122 of 2025 and her arrest has been stayed by means of an interim order dated 21.05.2025 passed by a Division Bench of this Court. 7. Learned A.G.A. has vehemently opposed the bail application and he has submitted that the applicant is involved in trade of narcotic substance, which is a heinous offence and he should not be granted bail. He has further submitted that the applicant has a history of involvement of another criminal case under NDPS Act besides the case under Section 380 and 411 IPC. 8. Learned counsel for the applicant has further submitted that the applicant has been granted bail in both the aforesaid cases. 9. Learned AGA has opposed the bail application and he has submitted that the allegations have been levelled against the applicant and a charge-sheet has been submitted. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the fact that the applicant has been implicated in the present case solely on the basis of custodial statement of the co-accused person, no substance has been recovered from the applicant and a Division Bench of this court has stayed arrest of the applicant's wife against whom similar allegations have been levelled and that the applicant is languishing in jail since 09.07.2025 whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Vikki Gupta @ Vikki Nepali be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 7.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench