Neutral Citation No. - 2025:AHC:91446 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16994 of 2025 Applicant :- Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. This is the second bail application filed on behalf of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 17.12.2024. Heard Sri Rajendra Kumar Srivastava, learned counsel for the applicant, Shri Purushottam Maurya, learned A.G.A. for the State and perused the record of the case. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant, Deepak with a prayer to release him on bail in Case Crime No. 104 of 2024, under Section 8/20/29 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Ramgarh, District- Firozabad. Learned counsel for the applicant has contended that 111.540 kg Ganja is alleged to have been recovered from a Truck No. UP81AF70244, driven by the applicant. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. He next submits that all the three co-accused have already been enlarged on bail subsequent to the rejection of the first bail application of the applicant vide order dated 05.04.2025 passed in Criminal Misc. Bail Application No. 22719 of 2024 which has been filed on record. The applicant is also entitled for bail on the ground of parity. 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 19.02.2024 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, 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 expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Accordingly, the bail application is allowed. Accordingly, the bail application is allowed. Let the applicant- Deepak 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 :- 28.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad