Neutral Citation No. - 2025:AHC:84936 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13402 of 2025 Applicant :- Shakib Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Sunil Kumar Tiwari, learned counsel for the applicant and Shri Pradeep Kumar, learned AGA for the State- respondent. 2. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.0621 of 2024, under Sections 21/22 N.D.P.S. Act, Police Station Sardhana, District Meerut, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that however, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court vide order dated 27.01.2025 passed in Criminal Misc. Bail Application No.1659 of 2025 after considering the fact that from his possession 7500 alprazolam tablets were recovered but he is pressing the instant second bail application on the ground that alongwith applicant, co-accused Bundoo was also arrested and from his possession, as per the prosecution, 8250 alprazolam tablets were recovered and he has been released on bail by Co-ordinate Bench of this Court vide order dated 01.04.2025 passed in Criminal Misc. Bail Application No.45728 of 2024 after rejection of the first bail application of the applicant and case of applicant is at par with him. 4. He further submits that applicant is having no criminal history and he is in jail in the present matter since 15.11.2024 i.e. for last more than six months. 5. Per contra, learned AGA opposed the prayer for bail and submit that this is the second bail application filed on behalf of the applicant and from his possession huge commercial quantity of alprazolam tablets were recovered, therefore, his first bail application was rejected but could not dispute the fact that alongwith applicant, co-accused Bundoo was also arrested and from his possession also commercial quantity of alprazolam tablets were recovered and he has been released on bail by Co-ordinate Bench of this Court vide order dated 01.04.2025. 6. He further could not dispute the fact that applicant is having no criminal history and he is in jail in the present matter since 15.11.2024 i.e. for last more than six months. 7. I have heard learned counsel for both the parties and perused the record of the case. 8. However, this is the second bail application filed on behalf of the applicant and his first bail application has already been dismissed by this Court vide order dated 27.01.2025 after considering the fact that from his possession 7500 alprazolam tablets were recovered but it reflects, alongwith applicant, co- accused Bundoo was also arrested and from his possession also total 8250 alprazolam tablets were recovered and he has been released on bail by Co-ordinate Bench of this Court vide order dated 01.04.2025 i.e. after rejection of the first bail application of the applicant. 9. The Apex Court in the case of Satender Kumar Antil Vs. CBI & another (2022) 10 SCC 51 in paragraph no. 98 has observed that- "Uniformity and certainty in the decisions of the court are the foundations of judicial dispensation. Persons accused with same offence shall never be treated differently either by the same court or by the same or different courts. Such an action though by an exercise of discretion despite being a judicial one would be a grave affront to Articles 14 and 15 of the Constitution of India." 10. Considering the observation made by Apex Court in the case of Satender Kumar Antil (supra), bail application of the applicant should be considered on the ground of parity. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 15.11.2024 i.e. for last more than six months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, on the ground of parity applicant is entitled to be enlarged on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Shakib, 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. 15. 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. 16. 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 :- 20.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad