Neutral Citation No. - 2025:AHC:87516 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12823 of 2025 Applicant :- Bhura Opposite Party :- State of U.P. Counsel for Applicant :- Omar Zamin,Sudhanshu Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Omar Zamin, learned counsel for the applicant and Shri Yagyavalka Pandey, learned A.G.A. for the State and perused the record of the case. The present bail application under Section 439 Cr.P.C. has been filed on behalf of applicant Bhura, with a prayer to release him on bail in Case Crime No. 26 of 2025, under Section 08/20/29/60 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station-Akrabad, District-Aligarh. Learned counsel for the applicant submits that a First Information Report has been lodged on 18.01.2025, against ten named persons, including the applicant, with the allegation that the police party has apprehended a Car and arrested three persons namely Madho Singh, Nitesh Pratap Singh and Mohd. Salman, they confessed that they are indulging in trafficking of Ganja and recovered 100 Kilogram Ganja from the Car. In their confessional statement name of the applicant and some other persons has been surfaced. Thereafter the applicant was arrested on the same day from his house. Learned counsel for the applicant submits that neither the applicant was arrested on the spot nor any recovery has been shown from the possession of the applicant. He further submits that there is no connection between the arrested persons and the applicant and he has been falsely implicated with ill intention and has been arrested by the police. 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. The applicant, who is in jail since 18.01.2025, having no criminal history to his credit, deserves to be released on bail. In case the applicant is released on bail he 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. Considering the facts of the case and keeping in mind 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 commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Accordingly, the bail application is allowed. Let the applicant-Bhura, 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 :- 23.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad