Neutral Citation No. - 2025:AHC:82565 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8595 of 2025 Applicant :- Munna Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Devottam Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Devottam Pandey, learned counsel for the applicant, Sri Arimardan Yadav, learned A.G.A. for the State Respondent and perused the record of the case. 2. The present bail application under Section 483 B.N.S.S. has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 20 of 2025, under Sections 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Kotwali, District- Ballia. 3. Learned counsel for the applicant has contended that 40 gram of heroin is alleged to have been recovered from the possession of the applicant, which is much below the commercial quantity. 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 further submitted that on the similar footing the co-accused Pintu Kumar and Arvind Kumar Yadav have been granted bail by this Court vide order dated 09.04.2025 passed in Criminal Misc. Bail Application Nos. 4812 of 2025 and 4789 of 2025 respectively, therefore, applicant is also entitled to be released on bail. The applicant, who is in jail since 17.01.2025 having no criminal history to his credit, deserves to be released on bail on the ground of parity. In case the applicant is released on bail he will not misuse the liberty of bail. 4. 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. 5. Accordingly, the bail application is allowed. 6. Without expressing any opinion on the merits, let the applicant Munna Kumar, 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 :- a. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. b. The applicant shall cooperate in the trial sincerely without seeking any adjournment. c. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. 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 :- 17.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad