Neutral Citation No. - 2025:AHC:71518 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11747 of 2025 Applicant :- Gajendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Rajesh, learned counsel for the applicant, Sri S. K. Rai, learned A.G.A. for the State-Respondent and perused the record of the case. This is a second bail application filed by the applicant. The first bail application filed by the present applicant was rejected by this Court vide order dated 16.12.2024, passed in Criminal Misc. Bail Application No. 40549. of 2024. The present bail application has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No.782 of 2024, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Civil Lines, District Moradabad. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. Learned counsel for the applicant has contended that the police shown the recovery of 40 Kg contraband Ganja in 4 bags which is 10 Kg separately from the possession of the applicant. 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. Learned counsel for the applicant submits that co-accused Kapil Kumar has already been enlarged on bail by co-ordinate Bench of this Court on 21.3.2025 in Criminal Misc. Bail Application No. 39241 of 2024. The applicant, who is in jail since 08.09.2024. The applicant has criminal history of three cases to her credit, deserves to be released on bail. In case the applicant is released on bail she will not misuse the liberty of bail. 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. Without expressing any opinion on the merits, let the applicant, Gajendra Singh, involved in the 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. 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 :- 5.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad