HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8696 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant, Sri Angad Kumar Viswakarma, learned Additional Government Advocate 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.248 of 2025, under Sections 8/20 N.D.P.S., registered at Police Station Payagpur, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police on 24.07.2025 against three persons including the applicant and his brother Raunak Singh, stating that on the basis of suspicion the other two co-accused persons were arrested and 1.100 kilogram ganja was recovered from the brother of applicant Raunak Singh and 1.700 kilogram ganja was recovered from the other co-accused Ramkewal Yadav. The aforesaid accused persons stated that ganja belong to the applicant. They took the police to the applicant's under construction daughter. The applicant confessed that he had given ganja to the co- accused persons and on the pointing out of the applicant three sacks containing ganja hidden in heap of straw were recovered from a place at some distance. The description of place from where the ganja was recovered has not been specifically mentioned in the F.I.R. The F.I.R. states that two of the sacks contained 8.700 kilograms ganja and the third sack contained 6.500 kilogram ganja totalling 23.900 kilogram. The F.I.R. further states that no independent person has witnessed the recovery. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. A supplementary affidavit has been filed disclosing the applicant's Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Rochak Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) involvement in five other criminal cases, in two of which he has been granted bail and in rest of the cases the applicant has not received any summon. Both the other accused persons namely Raunak Singh and Ramkewal Yadav have already been granted bail by this court by means of orders dated 27.08.2025 and 26.08.2025, passed in Criminal Misc. Bail Application No.7901 of 2025 and 8025 of 2025. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the investigation of the case is still going on. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged recovery has been made on the basis of implication of the applicant in the statements of co-accused persons Raunak Singh and Ramkewal Yadav, who have already been granted bail by this court; that although the F.I.R. mentions that the substance was recovered from beneath heap of straw on the pointing out of the applicant the place of recovery has not been specified in the F.I.R. and the F.I.R. states that no independent person has witnessed the recovery and the applicant is languishing in jail since 25.07.2025 and without making any observation, which may affect the merits of the case, 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Rochak Singh 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 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, unless his appearance is exempted by the learned trial court. September 15, 2025 Ram. BAIL No. 8696 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench