HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12617 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Pramod Kumar Dubey, learned counsel for the applicant, Sri Sushil Kumar Shukla, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.43 of 2025, under Sections 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Mahewaghat, District-Kaushambi, during the pendency of trial. 4. As per the allegations of the FIR, the applicant is said to have been apprehended by the police on 23.03.2025 and 37Kg 240gm of Ganja is said to have been recovered from his possession. It is also alleged that the applicant was driver of the said vehicle from which the alleged contraband has been recovered. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is further argued that the co-rider of the said car had kept the said contraband in it and the applicant had no knowledge of the said contraband kept at the back of the car. 6. Learned counsel for the applicant has further stated that other co-accused person ran away from the place of occurrence. The said contraband, if Versus Counsel for Applicant(s) : Anand Kumar Yadav, Pradyumna Kumar Tripathi, Pramod Kumar Dubey, Sameer Srivastava, Sanjay Kr. Srivastava, Satya Prakash Counsel for Opposite Party(s) : G.A. Devendra Tiwari .....Applicant(s) State of U.P. .....Opposite Party(s) apportioned equally, between the two accused persons comes below commercial quantity. There is no compliance of mandatory provision of Section 52-A of the N.D.P.S. Act. The trial is moving at snail's pace and no witnesses have been examined so far. The applicant is languishing in jail since 23.03.2025 having no criminal history to his credit. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. 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, at this stage without commenting on the merits of the case, I find it a fit case for bail. 9. Let the applicant-Devendra Tiwari, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 18, 2025 Karan BAIL No. 12617 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad