HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14749 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sageer Ahmad, learned Senior Advocate assisted by Sri Surya Prakash Dubey, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.80 of 2025, under Sections 21/22 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Govardhan, District- Mathura, 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 21.2.2025 at about 11:15 a.m. and 218 gram of Alprazolam powder is said to have been recovered from his possession. 5. Learned Senior 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. The FIR is too prompt and the allegations are per se false. It is stated by the arresting officer that he had video-graphed the said act of recovery from the applicant, but there is nothing on record to suggest that there was any videography conducted by him. 6. Learned Senior Counsel for the applicant has further stated that the applicant had moved an application before the court concerned to be provided with the copy of said video present, if any, with the prosecution, Versus Counsel for Applicant(s) : Ramesh Chandra Yadav, Santosh Kumar Singh, Surya Prakash Dubey Counsel for Opposite Party(s) : G.A. Premchand Mukhiya .....Applicant(s) State of U.P. .....Opposite Party(s) but the said application has not yet been decided. The said application is on record. It is stated that there is no video on record, which implies that there is no compliance of Section 105 B.N.S.S. Even there is no compliance of mandatory provision of Sections 50 & 52-A of the N.D.P.S. Act. 7. It is further argued by learned Senior Counsel for the applicant that the criminal history of two cases assigned to the applicant has been explained as the said cases were under Gambling Act and applicant had confessed his guilt in those cases and was released on fine. The applicant is languishing in jail since 21.2.2025. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application on the ground that the criminal history of the applicant implies that he is likely to commit offence in future also. 9. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out. 10. 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, taking into consideration that there is no compliance of the provisions of Section 105 B.N.S.S., without commenting on the merits of the case, prima facie, I find it a fit case for bail. 11. Let the applicant- Premchand Mukhiya, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. BAIL No. 14749 of 2025 2 13. 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 12, 2025 Vikas Verma BAIL No. 14749 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad