HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10091 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. The aforesaid case has been registered on the basis of F.I.R. lodged on 14.07.2025 against four persons, including the applicant, stating that upon an information received from a mukhbir, a house was raided. Two co-accused persons Ayush @ Bauwa and Sufian was sitting on a counter and stated that he sells Ganja and Morphine on the instructions of Shrawan Kumar Nishad, his wife Meena Devi (applicant) and his two sons Lucky Nishad and Ayush. He further stated that the applicant, wife of Lucky Nishad, assists by making packets of the substance and keeping a count. Although, the aforesaid statement implicated the applicant and Lucky Nishad but they have not been made an accused in the F.I.R. The F.I.R states that 1.015 Killograms Morphine, 252 grams Charas, 5.500 grams Ganja was recovered from the pointing out of the accused person from the counter as well as hidden in the house. However, the F.I.R does not state as to from which portion of the house, the alleged substances were recovered. 3. The submission of learned counsel for the applicant is that the applicant is a lady and the name of the applicant has surfaced in the confessional statement of the co-accused Ayush, Sufiyan, Shrawan Kumar Nishad and Neha Nishad, who have been arrested on the spot. On the pointing out of the accused persons, alleged recovery of 1.015 kg of Morphine, 252 grams Charas, 5.500 grams Ganja alongwith a cash of Rs. 20,350/- has been made. From the pointing out of co-accused Neha Nishad, Rs. 40,000/- cash has been recovered. 4. It is further submitted that the applicant was not arrested at the spot and Versus Counsel for Applicant(s) : D.K. Singh Somvanshi Counsel for Opposite Party(s) : G.A. Meena Devi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) except the confessional statement of the applicant, there is no other material against the applicant. The applicant is shown to have been residing in the house where the recovery has been made, however, the applicant is not the resident of the alleged house, rather, she is the resident of Fazullaganj, Lucknow. The electricity bill of the said house has been filed by learned counsel for the applicant, which is on record, annexed as Annexure no. 2. 5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that co-accused persons namely Neha Nishad has been granted bail by the coordinate bench of this Court vide order dated 08.08.2025, passed in Criminal Misc. Bail Application No. 7410 of 2025. Hence, the present applicant seeks parity. 6. It is further submitted that the applicant has criminal history of four cases which has been explained in paragraph-20 of the bail application and she is languishing in jail since 09.09.2025. There is no possibility of the applicant fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail. 7. Learned A.G.A. opposed the prayer for bail and has submitted that the investigation is going on, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 8. On due consideration to the submissions advanced, perusal of the record, the bail order of the co-accused Neha Nishad, as also the fact that the applicant has explained criminal history of 4 cases in paragraph-20 of the bail application and she is languishing in jail since 09.09.2025; this Court is also satisfied that she is not likely to commit any offence while on bail, accordingly, the twin conditions as contemplated under Section 37(1)(b) of the NDPS Act stand fulfilled, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. 9. Accordingly, the bail application is allowed. 10. Let the applicant- Meena Devi, involved in Case Crime No. 393 of 2025, under Sections 8/20/21/22/29/60 N.D.P.S Act, P.S. Thakurganj, District Lucknow, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, BAIL No. 10091 of 2025 2 threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. October 16, 2025 DiVYa BAIL No. 10091 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench