Neutral Citation No. - 2025:AHC:64563 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12711 of 2025 Applicant :- Rajesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anjani Kumar Raghuvanshi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Anjani Kumar Raghuvanshi, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State and perused the entire material available on record. 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 23.01.2025, passed in Criminal Misc. Bail Application No. 42666 of 2024, Rajesh Kumar vs. State of U.P., copy whereof has been brought on record as Annexure-1 to the bail application. The applicant- Rajesh Kumar, has filed this second bail application with a prayer to enlarge him on bail in Crime No. 56 of 2024, under Sections 8/20/29/37 of Narcotic Drugs and Psychotropic Substances act, 1985, Police Station-Kasana, District- Gautam Budh Nagar, during the pendency of the trial. 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. Apart from the above, learned counsel for the applicant submits that in the present case Charge sheet has been filed by the Investigating Officer against the applicant and other accused persons on 01.05.2024, co-accused Harish Kumar @ Ankur and Himanshu Balmiki @ Kamal, have been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 16956 of 2024 and 15842 of 2024, vide orders dated 02.04.2025. Learned counsel for the applicant further submits that there is no possibility of conclusion of trial in near future. He, therefore, submits that on the above grounds, the applicant is liable to be enlarged on 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. It is settled position of law that bail is the rule and committal to jail is an exception in the case of State of Rajasthan Vs. Balchand @ Baliay (1977) 4 SCC 308, the Apex Court observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution and opined para 2 "The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like, by the petitioner who seeks enlargement on bail from the court. We do. not intend to be exhaustive but only illustrative." and considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Gudikanti Narasimhulu And Ors vs Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Without expressing any opinion on the merits, let the applicant Rajesh Kumar involved in abovesaid 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 :- 28.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad