HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34794 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Shri Girish Singh, learned counsel for the applicant, Shri Ajay Singh, learned A.G.A. for the State and perused the record of the case. 2. The present bail application under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 91 of 2025, under Section 08/20/29 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Majhola, District-Moradabad. 3. Learned counsel for the applicant has contended that applicant is not named in the F.I.R. Name of the applicant came into light during statement of the co-accused persons. Neither applicant was arrested from the spot nor 10 Kilogram of Ganja is alleged to have been recovered from the possession of the applicant. 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 23.04.2025 having criminal history of 14 cases, which is clearly explained in the bail application and in most of the cases applicant is on bail, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail. 4. 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 Versus Counsel for Applicant(s) : Girish Singh Counsel for Opposite Party(s) : G.A. Arun Alias Roti Chor .....Applicant(s) State of U.P. .....Opposite Party(s) again indulge in similar activity. 5. It is settled position of law that bail is the rule and committal to jail is an exception in the case of State of Rajasthan Vs. Balchand @ Baliay (1977) 4 SCC 308, the Apex Court observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution and opined para 2 "The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like, by the petitioner who seeks enlargement on bail from the court. We do. not intend to be exhaustive but only illustrative." and considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Gudikanti Narasimhulu And Ors vs Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, 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. 6. Without expressing any opinion on the merits, let the accused-applicant Arun alias Roti Chor 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 seeking any adjournment. 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. BAIL No. 34794 of 2025 2 7. 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 9, 2025 Vibha Singh BAIL No. 34794 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad