Neutral Citation No. - 2025:AHC:125672 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21396 of 2025 Applicant :- Mahendra Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Anand Kumar Singh, learned counsel for the applicant, Shri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Mahendra Mishra, seeking enlargement on bail in Case Crime No. 63 of 2025, under Sections 111 of the Bharatiya Nyaya Sanhita, 2023 and Section 8/22/29 of N.D.P.S. Act, Police Station- Rohania, District- Varanasi. As per the First Information Report, 05.4kg Charas is alleged to have been recovered from possession of the co-accused, Rambabu. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 04.05.2025. Learned counsel for the applicant further submits that the applicant is not arrested on spot and his name disclosed in the confessional statement of the co-accused. Nothing incriminating has been recovered from possession or pointing of the applicant. He next submits that no offence under Section 111 of B.N.S. and Section 8/22/29 of N.D.P.S. is made out against the applicant. The applicant has criminal history of four cases and in all the cases, the applicant is on bail and the same are duly explained in para 14 of the affidavit filed in support of the bail application. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Mahendra Mishra, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 :- 29.7.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad