HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34058 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. Heard Shri Rizwan Ullah Siddiqui, learned counsel for the applicant and Shri Arimardan Yadav, learned A.G.A. representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Kadir, seeking enlargement on bail in Case Crime No. 496 of 2020, under Section 8/21 of N.D.P.S. Act, Police Station-Nakur, District-Saharanpur. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 04.09.2025. Learned counsel for the applicant submits that earlier the applicant was on bail. But due to non appearance before the Court below, non bailable warrant against the applicant was issued. When the applicant came to know about the issuance of non bailable warrant, he surrendered himself before the Court below and since then he is in judicial custody. Learned counsel for the applicant has contended that 6 gm. of Smack is alleged to have been recovered from the possession of the applicant. The recovered contraband is below commercial quantity. In fact no such recovery was effected from the applicant. It is further submitted that since Versus Counsel for Applicant(s) : Rizwan Ullah Siddiqui Counsel for Opposite Party(s) : G.A. Kadir .....Applicant(s) State of U.P. .....Opposite Party(s) 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 04.09.2025. Criminal history of 13 cases has been properly explained in paragraph no. 2 of the supplementary affidavit, deserves to be released 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 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 and keeping in mind 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 commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the applicant-Kadir, 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. BAIL No. 34058 of 2025 2 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 14, 2025 Deepak/ BAIL No. 34058 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad