HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22533 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. Heard Sri Manish Tiwary, learned Senior Counsel assisted by Sri Aushim Luthra, learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 61 of 2025, under Sections 8/20/29/60 of the N.D.P.S. Act, Police Station Lanka, District Varanasi. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the applicant has no connection whatsoever with any of the other co-accused persons and there exists no credible evidence to establish any link between the applicant and the alleged recovery. He submits that the applicant is neither named in the FIR nor any quantity of Ganja has been recovered from the possession of the applicant. He submits that one of the co-accused, Adarsh Pandey @ Rishu Pandey has been granted stay arrest vide order dated 26.05.2025 passed in Criminal Misc. Writ Petition No. 10168 of 2025. He submits that there is no independent witness either to the alleged arrest or the alleged recovery. He submits that the name of the applicant was surfaced only on the basis of the confessional statement of co-accused persons namely Sheshmani Patel and Subhash Chandra Mishra. He submits that in the present case, charge-sheet Versus Counsel for Applicant(s) : Aushim Luthra, Dharmendra Kumar, Krishna Nand Singh, Pranav Tiwary, Priti Yadav, Shams Uz Zaman Counsel for Opposite Party(s) : G.A. Dharmendra Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) has been filed and the applicant is not required any custodial interrogation. No specific role and motive has been assigned to the applicant in the present case and the statement of the co-accused persons mention the applicant as a prospective buyer. No offence under the NDPS Act has been committed by the applicant. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima- facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Dharmendra Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 15, 2025 pks BAIL No. 22533 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad