Neutral Citation No. - 2025:AHC:133358 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20160 of 2025 Applicant :- Ramawadh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sunil Kumar Pandey, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 28 of 2024, under Sections 8/20/29 NDPS Act, Police Station- Nandganj, District- Ghazipur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court vide order dated 10.05.2024 but he is pressing the instant second bail application on the ground that along with applicant co-accused Satyam Yadav was also arrested and after considering fact that as per FSL report, in the recovered ganja, bhang was also found in the sample, he has been released on bail after rejection of first bail application of applicant and on facts, case of applicant is at par with him and his bail order has been annexed along with the instant bail application. 4. He further submitted that however, apart form the present case, applicant is having criminal history of two other cases but both the cases relate to minor offences and he is not having any criminal history of NDPS Act. 5. He further submitted that applicant is in jail in the present matter since 26.02.2024 i.e. for last almost one and half years. 6. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court but could not dispute, after rejection of his first bail application co-accused Satyam Yadav has been released on bail and case of applicant is at par with him. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court after considering the fact that from the possession of applicant and co-accused Satyam Yadav commercial quantity of ganja was recovered but after rejection of first bail application of applicant, second bail application of co-accused Satyam Yaav has been allowed on the ground that, however, as per prosecution, only ganja was recovered from his possession but FSL report suggests that in the alleged sample of contraband, bhang was also found and case of applicant is at par with him. 9. The Apex Court in the case of Satender Kumar Antil Vs. CBI & another (2022) 10 SCC 51 in paragraph no. 98 has observed that- "Uniformity and certainty in the decisions of the court are the foundations of judicial dispensation. Persons accused with same offence shall never be treated differently either by the same court or by the same or different courts. Such an action though by an exercise of discretion despite being a judicial one would be a grave affront to Articles 14 and 15 of the Constitution of India." 10. Further, applicant is not having any previous criminal history of NDPS Act and he is in jail in the present matter since 26.02.2024 i.e. for last almost one and half years. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Ramawadh Yadav 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. 14. 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. 15. 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 :- 6.8.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad