Neutral Citation No. - 2025:AHC:83673 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5524 of 2025 Applicant :- Anil Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Akhil Kumar Singh,Babu Lal Ram,Deepesh Kumar Ojha,Kamlesh Kumar Rajbhar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Deepesh Kumar Ojha, learned counsel for the applicant and Shri Anil Kumar Singh, learned A.G.A. for the State and perused the record of the case. 3. The present bail application under Section 483 B.N.S.S. has been filed on behalf of applicant, Anil Gupta, with a prayer to release him on bail in Case Crime No. 531 of 2024, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Jeanpur, District- Azamgarh. 4. Learned counsel for the applicant has contended that 48.06 Kg. of Ganja is alleged to have been recovered from the joint possession of the applicant and co-accused persons. 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. It is next submitted that the charge sheet has been filed on 20.01.2025. He has next submitted that co-accused Ankit Jaiswal has already been granted bail by this Bench, in Criminal Misc. Bail Application No. 4289 of 2025, vide order dated 29.04.2025 and the case of the applicant stand on the same footing as that of other co-accused who has already been granted bail. The applicant, who is in jail since 30.11.2024 having no criminal history to his credit, deserves to be released on bail on the ground of parity. In the present case charge sheet has been filed on and there is no need of any custodial interrogation. In case the applicant is released on bail he will not misuse the liberty of bail. 5. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity. 6. Considering the facts of the case and keeping in mind 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 commenting on merit of case, a case for bail is made out. 7. Without expressing any opinion on the merits, let the applicant Ram Chandra Yadav involved in aforesaid 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. 8. 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. Order Date :- 19.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad