HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8426 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Anil Kumar Srivastava, learned Senior Counsel assisted by Sri Pawan Kumar, learned counsel for the applicants and Sri Ashwini Kumar Tripathi, learned A.G.A. for the State and also perused the material placed on record. 3. Applicants seek bail in Case Crime No. 21 of 2025, under Sections 08/20/25/29/60 of NDPS Act, Police Station - Karhal, District - Mainpuri, during the pendency of trial. 4. As per the prosecution story, a total quantity of 72 kg of ganja is stated to have been recovered from the Truck No. UP82 AT 6793 by police on 14.01.2025. In all 36 packets weighing 2 kg each have been recovered from the said truck. The applicants are stated to be the driver and cleaner of the said truck. 5. Learned Senior Counsel assisted by learned counsel for the applicant has stated that the allegations are per se false. There was no reason to any person to fetch the said contraband from Siligudi as the same is readily available everywhere. There is no compliance of mandatory provision of Section 105 BNSS and also Sections 50 & 52A of NDPS Act with regard to search and seizure. 6. Learned Senior Counsel has further stated that the applicants are the driver and cleaner of the alleged truck and have been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize them. No incriminating article has been recovered from the possession of the applicants. There is no independent witness to support the prosecution version. There is no chemical analyst report which indicates that the alleged recovery is a contraband article. 7. Learned Senior Counsel has next stated that the applicants are languishing in jail since 15.01.2025, having no criminal history to their credit, deserve to be released on Versus Counsel for Applicant(s) : Sr. Advocate, Himanshu Mishra, Pawan Kumar, Vijay Kumar Kashyap Counsel for Opposite Party(s) : G.A. Narendra Kumar And Another .....Applicant(s) State of U.P. .....Opposite Party(s) bail. In case, the applicants are released on bail, they will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra learned A.G.A. has vehemently opposed the bail prayer of the applicant but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicants have no criminal history. 9. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances and the period of incarceration i.e. about eight months, at this stage without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed. 10. Let the applicants- Narendra Kumar and Piyush, who are involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicants will not tamper with the evidence during trial. ii) The applicants will not pressurise/intimidate with the prosecution witnesses. iii) The applicants will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 16, 2025 Siddhant BAIL No. 8426 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad