HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 2325 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the case. The present bail application under Section 439 Cr.P.C. has been filed on behalf of applicant,Emmanu with a prayer to release him on bail in Case Crime No.265 of 2023, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Beeta-2 , District- Gautambudh Nagar . Learned counsel for the applicant has contended that 2.700 kg Cokin is alleged to have been recovered from the possession of the applicant. In fact no such recovery was effected from the applicant. It is further submitted that since 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. Learned counsel for the applicant submits that co-accused John Kofie has already been enlarged on bail by co-ordinate Bench of this Court on 24.3.2025 in Criminal Misc. Bail Application No. 44763 of 2024. The applicant, who is in jail since 17.5.2023 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co-accused has already been granted bail by this Court. 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 Versus Counsel for Applicant(s) : Virendra Kumar Maurya Counsel for Opposite Party(s) : G.A. Emmanu .....Applicant(s) State of U.P. .....Opposite Party(s) 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. Without expressing any opinion on the merits, let the applicant Emmanu 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. 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 15, 2025 Gss BAIL No. 2325 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad