HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34219 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Supplementary affidavit is taken on record. Learned counsel for the applicant is permitted to make necessary correction in the bail application during the course of the day. Heard Shri Satyendra Pandey, learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Bhupendra Kumar Pandey, seeking enlargement on bail in Case Crime No. 68 of 2025, under Sections 8/21/23 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Sonauli, District- Maharajganj. Learned counsel for the applicant has contended that applicant was driving the motorcycle and nothing was recovered from his possession. The alleged contraband was recovered from the bag carried by pillion rider of the motorcycle i.e. co-accused Noor Mohammad. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with Versus Counsel for Applicant(s) : Satyendra Pandey Counsel for Opposite Party(s) : G.A. Bhupendra Kumar Pandey .....Applicant(s) State of U.P. .....Opposite Party(s) a view to cause unnecessary harassment and victimize him. The applicant, who is in jail since 4.7.2025 having no criminal history to his credit, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail. The case of applicant is distinguishable from co-accused Noor Mohammad. 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 does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity. Considering the facts of the case, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Accordingly, the bail application is allowed. Let the applicant Bhupendra Kumar Pandey involved in abovesaid 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 BAIL No. 34219 of 2025 2 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 14, 2025 Ravi Prakash BAIL No. 34219 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad