HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12948 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Vaibhav Shukla, learned counsel for the applicant, who has been appointed through legal aid and Shri Rajesh Kumar Singh, learned AGA. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.132 of 2024, under Sections 8-A(C), 20/29 of NDPS Act, registered at Police Station Matera, District Bahraich. 3. The aforesaid case has been registered on the basis of F.I.R. lodged by Sub Inspector of Police on 01.06.2024 stating that he has received an information that two smugglers Govind Prasad (applicant) and Ramesh were involved in smuggling of narcotic substances, on this information, both the accused persons were apprehended. The other accused person Ramesh escaped and the applicant was arrested. The applicant was carrying a sack wherein a carton was kept in which 8kg 950grams charas was kept in polithyne. 4. The FIR states that the applicant had told that the recovered substances Versus Counsel for Applicant(s) : Vaibhav Shukla Counsel for Opposite Party(s) : G.A. Govind Prasad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) belonged to co-accused Ramesh. 5. 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 and he has no criminal history. 6. The State has filed a counter affidavit opposing the bail application and copies of material collected during investigation and a copy of the charge sheet submitted on 25.07.2024 have been annexed therewith. The trial court has taken cognizance of the offence on 31.07.2024. 7. A rejoinder affidavit has been filed by the applicant. 8. Learned counsel of the applicant has submitted that the other accused Ramesh has already been granted bail by means of an order dated 28.02.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No.11338 of 2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the FIR states about two persons being apprehended on the basis of information received that both of them were involved in smuggling of narcotics goods and the name of the accused person finds place in the narration of the FIR, the other accused person has not been arrayed as an accused in the FIR; the FIR records that the applicant had told that the recovered substance belonged to the other accused person and that accused person Ramesh has already been granted bail and that the applicant has no previous history, he is languishing in jail since 02.06.2024, whereas the investigation already stands concluded long ago, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Govind Prasad be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; BAIL No. 12948 of 2024 2 (iii) the applicant shall appear on each and every date fixed by the trial court. September 16, 2025 KR BAIL No. 12948 of 2024 3 (Subhash Vidyarthi,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench