HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 18136 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits. 2. This is second bail application. First bail application was rejected by order dated 7.11.2023. 3. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 4. It is submitted by learned counsel for the applicant that applicant is in jail 18.7.2023 and more that two years and 3 months have already passed. Learned counsel for applicant submits that prosecution witnesses have been examined and as such, there is no impediment in the applicant being released on bail. Applicant is languishing in jail since 18.7.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. 5. Learned A.G.A. for the State opposed the prayer for bail and submits that four prosecution witnesses have been examined. 6. No material, facts or circumstances has been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or the accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence. Versus Counsel for Applicant(s) : Ramesh Kumar Pandey Counsel for Opposite Party(s) : G.A. Rashid @ Fauji .....Applicant(s) State of U.P. .....Opposite Party(s) 7. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant 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 have been shown by learned AGA for the State. 8. Learned AGA for the State has not shown any material or circumstances that the accused/applicant is not entitled to bail in larger interests of the public or State. 9. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and the period of custody of applicant and the fact that most of the prosecution witnesses have been examined, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant Rashid @ Fauji involved in Case Crime No. 724 of 2023, under Sections 8/21 of NDPS Act, Police Station Sahibabad, District Ghaziabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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 BAIL No. 18136 of 2025 2 to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing. 11. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. 12. It is also directed that applicant shall participate in the trial court proceedings October 15, 2025 D. Tamang BAIL No. 18136 of 2025 3 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad