HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23973 of 2025 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Rajesh Yadav, learned counsel for the applicant and Sri Shiv Dutt Shukla, learned AGA for the State-respondents and perused the record. 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. 855 of 2024, under Section 8/20 NDPS Act, registered at Police Station Sikandra, District Agra, during pendency of the trial. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case and he has been languishing in jail since 28.12.2024. It is further submitted that alleged recovery of 155kg ganja has been made from the house of co- accused Hariom Sharma and nothing has been recovered from conscious possession of applicant and the applicant and other co-accused have confessed their involvement before the police. It is further submitted that co-accused Hariom Sharma has already been granted bail by the learned Sessions Court and the trial is not likely to be concluded near future. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of Versus Counsel for Applicant(s) : Rajesh Yadav Counsel for Opposite Party(s) : G.A. Ritik Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) bail to the applicant and it is submitted that the applicant and other co- accused have been found involved in transporting, keeping and selling the alleged contraband and the alleged contraband has been recovered from the house of co-accused Hariom Sharma. 5. Co-accused Hariom Sharma from whose possession alleged contraband is said to have been recovered has been granted bail by the learned Sessions Court and the applicant and other co-accused are said to have been arrested and they have confessed their involvement before the police. The applicant has been languishing in jail since 28.12.2024 and the trial is not likely to be concluded near future. 6. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 37 of the NDPS Act and in view of the law laid down by Hon’ble Apex Court in Union of India vs. Shiv Shanker Kesari, 2007 (7) SCC 798 and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 7. Let the applicant- Ritik Kumar involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) 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. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses BAIL No. 23973 of 2025 2 are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. April 20, 2026 Abhishek BAIL No. 23973 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad