Neutral Citation No. - 2025:AHC:82705 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15904 of 2025 Applicant :- Pramod Kumar Rathore Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Yogesh Kumar Srivastava, learned counsel for the applicant and Sri Dharam Raj Pal, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 209 of 2025, under Sections 8/20/29 N.D.P.S. Act and 111(3)(4) B.N.S., Police Station South, District Firozabad during pendency of the trial. 4. Learned counsel for the applicant submits, however, applicant was named in the FIR but admittedly recovery of contraband has not been made from his possession and he has been made accused on the basis of information given by co-accused Shivam @ Shiva from whose possession recovery of contraband was made. 5. He further submits, however, in the present matter applicant has also challaned for offence under Section 111 B.N.S. but there is no evidence that applicant was either member of any organized crime syndicate or he acted on behalf of any such syndicate. 6. He further submits, however, apart from the present case applicant is having criminal history of one another case of E.C. Act but his criminal history has been explained in the supplementary affidavit filed in support of instant bail application. 7. He further submits, in the present matter applicant is in jail since 23.04.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, record suggests that applicant has also been challaned under the provisions of N.D.P.S. Act along with under the provisions of Section 111 B.N.S. but admittedly recovery of alleged contraband has not been made from his possession and it reflects, his name has been surfaced in the present matter on the basis of information given by co-accused Shivam @ Shiva from whose possession contraband was recovered. 11. Further, even there is no evidence that applicant was either member of any organized crime syndicate or he acted on behalf of such syndicate. 12. Further, however, apart from the present case applicant is having criminal history of one another but his criminal history has been explained in the instant bail application. 13. Further, in the present matter applicant is in jail since 23.04.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Pramod Kumar Rathore 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. 17. 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. 18. 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 :- 17.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad