Neutral Citation No. - 2025:AHC-LKO:14739 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9289 of 2024 Applicant :- Rajesh Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Mohd. Salman,Dilip Kumar Mishra,Prashant Pandey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard Sri Mukul Srivastava, Advocate, assisted by learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No.0030 of 2024, under sections 8/20 of N.D.P.S. Act, Police Station- Manikpur, District- Pratapgarh. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the contraband substance is said to have been recovered from the possession of the other co-accused person and there is no recovery of any incriminating article or the contraband substance from the applicant and there is no cogent piece of evidence against him. He also submits that there are as many as 13 cases criminal history of the applicant which have been explained and more particularly all the cases pertain to the same police station except one case. He next submits that the applicant is in jail since 05.05.2024 and there is least possibility that the trial would be concluded in near future. He concludes his argument by submitting that the charge-sheet has been filed and as such, there is no possibility that the applicant would tamper with the evidences or would influence the witnesses. Further submission is that the applicant undertakes that in case, the applicant is granted bail, he will not misuse the liberty of the same and would co-operate in the trial proceedings. Per contra, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that the applicant was involved in committing the aforesaid offence and thus, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the contraband substance is said to have been recovered from the possession of the other co-accused person and there is no recovery of any incriminating article or the contraband substance from the applicant and there is no cogent piece of evidence against the applicant; there are as many as 13 cases and the criminal history of the applicant has been explained and the applicant is in jail 05.05.2024; the possibility of conclusion of trial in near future is very bleak; the charge-sheet has been filed and as such, there is no possibility that the applicant would tamper with the evidences or would influence the witnesses, coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Rajesh Mishra involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 10.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench