HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12585 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 393 of 2025, under Sections 8/20/21/29/22/60 of Narcotic Drugs and Psychotropic Substances Act, registered at Police Station- Thakurganj, District-Lucknow. The present case was registered on the basis of an F.I.R. lodged on 14.07.2025 against four persons, including the applicant. The F.I.R. states that acting upon information received from a mukhbir, a raid was conducted at a house where two co-accused, namely Ayush @ Bauwa and Sufian, were found sitting on a counter. They allegedly disclosed that they were selling Ganja and Morphine under the instructions of Shrawan Kumar Nishad, his wife Meena Devi, and their two sons, Lucky Nishad and Ayush. They further stated that the applicant, who is the wife of Lucky Nishad, assisted in packing the contraband and maintaining its count. Although the aforesaid statement implicated Meena Devi and Lucky Nishad, they were not named as accused in the F.I.R. The F.I.R. further mentions that 1.015 kilograms of Morphine, 252 grams of Charas, and 5.500 kilograms of Ganja were recovered from the place indicated by the accused, including from the counter and concealed parts of the house. However, the F.I.R. does not specify the exact location within the house from where the Versus Counsel for Applicant(s) : D.K. Singh Somvanshi, Anuj Verma Counsel for Opposite Party(s) : G.A. Lucky Nishad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) alleged substances were recovered. Learned counsel for the applicant submits that the alleged recovery, as mentioned in the F.I.R., was made on the joint pointing out of four accused persons. The co-accused Meena Devi, Neha Nishad, Shravan Kumar Nishad, Aayush @ Bauva and Sufiyaan, have already been enlarged on bail by this Court vide orders contained in Annexure Nos. 4 to the bail application, collectively. Applicant has criminal history of six cases, out of which two cases are under the NDPS Act and involve quantities below the commercial quantities. It has been further submitted that applicant has been languishing in jail since 03.11.2025 and, if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. Perused the record. Upon due consideration of the material available on record, and taking into account the facts that the applicant was not arrested from the spot, nothing was recovered from his personal search, his name surfaced only in the statement of a co-accused, and that the two NDPS cases against him involve quantities below the commercial quantity, it may reasonably be presumed that he is neither likely to be found guilty of the alleged offence nor likely to commit any offence under the NDPS Act in the future. Considering the aforesaid facts and circumstances, and being satisfied with the twin conditions prescribed under Section 37(1)(b) of the NDPS Act, as well as the fact that co-accused named above have already been granted bail, and the applicant is in custody since 03.11.2025, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Lucky Nishad, involved in aforesaid case crime, be released on bail 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; BAIL No. 12585 of 2025 2 (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 15, 2025 Vinay/- BAIL No. 12585 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench