Neutral Citation No. - 2025:AHC:48811 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10529 of 2025 Applicant :- Intzar Alias Imtiyaz Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhriguram Ji Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shashi Shekhar Maurya, learned Advocate holding brief of Sri Bhriguram Ji, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0392 of 2024, under Sections 08/20 NDPS Act and 11(2)(B) BNS, Police Station- Rasoolpur, District- Firozabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of disclosure statement of co-accused Shakeel, who was arrested at spot, applicant has been made accused in the present matter. 4. He further submitted that however, along with the provisions of NDPS Act, applicant has also been challened for the offence under Section 111 BNS i.e. for organized crime but there is no evidence on record that applicant involved in commission of organized crime and it appears, very casually without any cogent evidence, applicant has also been challened for the offence under Section 111 BNS. 5. He further submitted that apart from the present case, however, applicant is having criminal history of four other cases including a case under the provisions of NDPS Act but his criminal history has been explained in the instant bail application and only due to his previous criminal history, police implicated him in the present matter. 6. He further submitted that applicant is in jail in the present matter since 04.12.2024. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record, it reflects that when co-accused Shakeel was arrested then form his possession contraband was recovered and he disclosed the name of the applicant and therefore, from the possession of applicant recovery of contraband has not been made and on the information given by co-accused Shakeel, he has been made accused in the present matter. 10. Record further submitted that however, along with the provisions of NDPS Act, applicant has also been challened for the offence under Section 111 BNS i.e. for organized crime but considering the material available on record, the argument advanced by learned counsel for the applicant that there is no cogent evidence against the applicant with regard to offence of organized crime, cannot be completely ruled out at this stage. 11. Further, apart from the present case, however, applicant is having criminal history of four other cases including a case under the provisions of NDPS Act but his criminal history has been explained in the instant bail application and considering the criminal history of the applicant , the argument advanced by learned counsel for the applicant that only due to his previous criminal history, police implicate the applicant in the present matter cannot be completely ruled out at this stage. 12. Further, applicant is in jail in the present matter since 04.12.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Intzar Alias Imtiyaz Ali be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 5.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad