Neutral Citation No. - 2025:AHC:88350 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 508 of 2025 Applicant :- Mulayam Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant, Sri Rajeev Kuamr Singh, learned Additional Government Advocate for the State and perused the record. The present bail application has been filed by accused- applicant- Mulayam Yadav seeking bail in Case Crime No.169 of 2024, under Section 8/20/23 NDPS Act, Police Station- Sonauli, District- Maharajganj. Learned counsel for the applicant submitted that as per prosecution version, total 1600 gram charas was recovered from the joint possession of the applicant and co-accused Anil Chaudhary. He further submits that there is no independent witness of the alleged recovery. The alleged recovery is planted by the police. The applicant is languishing in jail since 15.10.2024, having no criminal history to his credit, deserves to be released on bail. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Having heard the submissions of learned counsel for the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and also taking into consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. Let the applicant- Mulayam Yadav, involved in aforesaid case crime number 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. Order Date :- 23.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad