HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8919 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 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant, Vipin @ Salman with a prayer to release him on bail in Case Crime No. 39 of 2025 , under Section 8/22 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Naini, District- Prayagraj. Learned counsel for the applicant has contended that 170 gm. of Alprazolam 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 Joyeb Jamshed alias Hamza Khan has already been enlarged on bail by this Bench of this Court on 28.5.2025- in Criminal Misc. Bail Application No.8382 of 2025. The applicant, who is in jail since 7.2.2025 having criminal history of 12 cases to his credit which has been explained in paragraph no. 15 of the affidavit filed in support of bail application, 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. Versus Counsel for Applicant(s) : Vidya Kant Tripathi Counsel for Opposite Party(s) : G.A. Vipin Alias Salman .....Applicant(s) State of U.P. .....Opposite Party(s) 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. Without expressing any opinion on the merits, let the applicant Vipin @ Salman 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. 8919 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad