Neutral Citation No. - 2025:AHC:88349 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5316 of 2025 Applicant :- Prateek Alias Bunty Opposite Party :- State of U.P. Counsel for Applicant :- Abhinav Singh,Ajai Kumar,Ajeet Dixit,Arvind Singh,Chandrabhan Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant and Sri Rajeev Kumar Singh, learned AGA for the State. 2. By means of this application under Section 439 of Cr.P.C., applicant Prateek Alias Bunty, who is involved in Case Crime No. 394 of 2024, under Sections 8/21/29 NDPS Act, Police Station Robertsganj, District Sonbhadra, seeks enlargement on bail during the pendency of trial. 3. It is alleged in the F.I.R. that 105 gram heroin was recovered by the police from personal search of co-accused Abhishek and Brijbala. On interrogation they said that this contraband heroin has been given by supplier, the present applicant Prateek Alias Bunty and he gives us Rs.1000/- for one gram heroin. 4. It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the present case.It is further submitted that no recovery was shown from the possession of the applicant. His name has surfaced in the confessional statement of the co-accused recorded by the police which is not piece of evidence. It is next submitted that the applicant has criminal history of three cases which have been explained in para 11 of the affidavit accompanied with the bail application. Apart from this, the applicant has criminal history of three other cases which have been explained in para-3 of the supplementary affidavit. The applicant who is languishing in jail since 04.12.2024 deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 5. Learned A.G.A. has vehemently opposed the bail of the applicant but unable to dispute the submissions raised by the learned counsel for the applicant. 6. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court finds that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. 7. Let the applicant Prateek Alias Bunty, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after her release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. 8. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 23.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad