Neutral Citation No. - 2025:AHC:109652 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15136 of 2025 Applicant :- Kapil Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Ganguli,Masoom Alam Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Counter and rejoinder affidavit filed today, which are taken on record. 2. Heard learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 3. This is second bail application. The first bail application of the applicant was rejected by this Court vide order dated 15.01.2025 passed in Crl. Misc. Bail Application No. 43391 of 2024. 4. This 2nd bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Kapil, seeking enlargement on bail in Case Crime No. 215 of 2024, under Sections 8/20 NDPS Act, Police Station Purkaji, District Muzaffarnagar. 5. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 17.10.2024. He has criminal antecedent of two cases, which has been explained in para 19 of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the investigating officer without conducting proper investigation has illegally submitted charge sheet dated 28.01.2025 against the applicant under Section 8/20 NDPS Act and the court below has taken cognizance on 29.01.2025 and charges have been framed on 07.03.2025. The applicant has been falsely implicated in the present case by the police only to show his good work after planted false fabricated alleged contraband Charas. It is further submitted that from perusal of order sheet there is no hope to conclude the trial in near future. Hence, bail has been prayed for. 6. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Kapil, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 8.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad