HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35695 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant, Sri R. K. Nishad, learned A.G.A. for the State-Respondent and perused the record of the case. The present bail application has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 149 of 2025, under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Mirzapur, District Saharanpur. Learned counsel for the applicant has contended that about 340 Gram of Smack is alleged to have been recovered from the joint possession of the applicant and the other co-accused. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. There is no report of chemical analyst. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant, who is in jail since 24.08.2025 having no criminal history to his credit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. In case the applicant is released on bail he will not misuse the liberty of bail. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre- trial stage who is involved in supplying contraband, therefore, the applicant Versus Counsel for Applicant(s) : Ali Hasan, Istiyaq Ali Counsel for Opposite Party(s) : G.A. Harpal .....Applicant(s) State of U.P. .....Opposite Party(s) does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity. Accordingly, the bail application is allowed. Without expressing any opinion on the merits, let the applicant, Harpal, involved in the aforesaid case 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 that :- 1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 29, 2025 pks BAIL No. 35695 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad