Neutral Citation No. - 2025:AHC-LKO:4798 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14208 of 2023 Applicant :- Anis Ansari @ Anis Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Govt. Lucknow Counsel for Applicant :- Anil Kumar Singh,Anil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No.453 of 2021, under Sections 420, 467, 468, 471 I.P.C. & 8/18/23Ga/29, 60 N.D.P.S. Act, P.S. Bilgram, District Hardoi. It is contended by learned counsel for the applicant that the applicant is innocent and he has been planted by the police. He submits that the applicant is not involved in committing the offence and the applicant was not arrested on spot and no contraband article is recovered from his possession. He submits that on the basis of confessional statement of the co-accused, he has been connected in the present case though there is no material evidence against him. He next submits that cleaner and driver, namely, Dilshad Khan @ Raja and Mustakeem Ali respectively have already been enlarged on bail in Criminal Misc. Bail Application No.14032 of 2021 & 5810 of 2022, vide orders dated 28.11.2022 and 28.8.2024. He added that case of the applicant is on better footing than that of the co-accused. He submits that there is non-compliance of Section 50 of N.D.P.S. Act and in support of his contention, he has placed reliance upon the Judgment of the Apex Court rendered in the case of Arif Khan @ Agha Khan vs. State of Uttarakhand, (2018) 18 SCC 380 wherein it has been held that mandatory procedure of Section 50 of the N.D.P.S. Act has to be complied with in regard to search and recovery. Further submission is that there is eleven cases criminal history of the applicant, which has been explained in para 26 of the bail application and the applicant is languishing in jail since 2.2.2023 and in case, the applicant is granted bail, he will not misuse the liberty and would co- operate in the trial proceedings. Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on bail. Having heard the learned counsel for the parties and after perusal of record, it transpires that the applicant was not arrested on spot; no contraband article is recovered from his possession; cleaner and driver, namely, Dilshad Khan @ Raja and Mustakeem Ali respectively have already been enlarged on bail in Criminal Misc. Bail Application No.14032 of 2021 & 5810 of 2022, vide orders dated 28.11.2022 and 28.8.2024 and the case of the applicant is on better footing than that of the co- accused; there is eleven cases criminal history of the applicant; the applicant is languishing in jail since 2.2.2023; and he has undertaken that he will not misuse the liberty of bail if granted and would co-operate 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 case of bail. Let the applicant Anis Ansari @ Anis 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 :- 24.1.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench