Neutral Citation No. - 2025:AHC:38361 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8966 of 2025 Applicant :- Mohd Amir @ Bhola Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajesh Kumar, learned counsel for the applicant and Sri Santosh Pandey, learned Brief Holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.45 of 2025, under Sections 8/20/29 NDPS Act and 111(2) BNS, Police Station Rasulpur, District Firozabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter alongwith co-accused Wasim Ali and admittedly no contraband was recovered from his possession. 4. He further submitted that from the FIR it reflects that on the basis of statement of co-accused Wasim Ali who was arrested at spot, applicant has been made accused in the present matter. 5. He further submitted that except the statement of co-accused, there is no cogent evidence against the applicant on record. 6. He further submitted that earlier also in three false cases, applicant has been made accused under the provisions of NDPS Act and only due to his previous criminal history he has been made accused in the present matter. 7. He further submitted that however, in the present matter, applicant has also been made accused for offence under section 111 BNS but except bald and verbal allegation, there is no cogent evidence of organized crime against him. 8. He further submitted that in the present matter applicant is in jail since 7.2.2025. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. From the perusal of the record, it appears that applicant was neither arrested at spot nor any recovery was made from his possession and he has been made accused in the present matter on the basis of statement of co-accused Wazir Ali who was arrested at spot. 12. Further, however, it reflects that apart from the present case, applicant is having criminal history of three other cases of NDPS Act but considering the fact that he was neither arrested at spot nor any contraband has been recovered from his possession, the argument advanced by learned counsel for the applicant that only due to previous criminal history of NDPS Act applicant has been made been accused in the present matter, cannot be ruled out, at this stage. 13. Further, record also suggests that however, in the present matter applicant has also been challaned for the offence under section 111 BNS, this Court finds merit in the argument advanced by learned counsel for the applicant that except bald and verbal allegation, there is no cogent evidence of organized crime against the applicant on record. 14. Further, in the present matter, applicant is in jail since 7.2.2025. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Mohd Amir @ Bhola, 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. 18. 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. 19. 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 :- 18.3.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad