Neutral Citation No. - 2025:AHC:106933 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22567 of 2025 Applicant :- Arun Kumar Shivhare Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant as well as learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 77 of 2024, under added Section 29 of the Narcotic Drugs and Psychotropic Substance Act, Police Station-Atarra, District-Banda, during the pendency of trial. It is argued by learned counsel for the applicant that initially the F.I.R. was lodged on 08.04.2024 for the alleged offence under Sections 8/20 of Narcotic Drugs and Psychotropic Substance Act and sections 307 and 34 I.P.C. against the applicant and three other co-accused persons, namely, Padmadhar Singh alias Yash alias Aman Singh, Omkar Shukla and Vikrant alias Guddu Singh, in which applicant has been granted bail by the Coordinate Bench of this Court vide order dated 11.04.2025 in Criminal Misc. Bail Application No. 25609 of 2024. Thereafter, applicant came to know that the Investigating Officer, after culmination of investigation, has submitted charge sheet on 24.04.2024 in added Section 29 of NDPS Act also, therefore, need arose to move separate bail application under Section 29 of NDPS Act before the Additional Session Judge Vth/ Special Judge (NDPS Act), Banda, which was rejected vide order dated 12.06.2025. Hence the applicant has preferred the instant bail application under Section 29 of NDPS Act before this Court. The applicant is languishing in jail since 08.04.2024. The applicant has criminal history of one case, in which he is on bail, averment in this regard has been made in paragraph No. 25 to the affidavit filed in support of the bail application. Lastly it is submitted that since the applicant has been granted bail in other major sections of the F.I.R. vide order dated 11.04.2025, therefore, he is entitled to be released on bail in added section also. Per contra, learned Additional Government Advocate opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that applicant has already been granted bail in Section 8/20 of NDPS Act and Sections 307 and 34 I.P.C. and there is no major change in evidence collected by the investigating officer while adding Section 29 of NDPS Act, hence, the applicant has made out a prima facie case for bail in added Section 29 of NDPS Act. Therefore, the bail application is hereby allowed. Let the applicant-Arun Kumar Shivhare, involved in Case Crime No. 77 of 2024, under Section 29 of the Narcotic Drugs and Psychotropic Substance Act, be released on bail on his furnishing personal bonds and two sureties each in the like amount subject to the satisfaction of Court concerned. Order Date :- 8.7.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad Digitally signed by :- KASHIFA High Court of Judicature at Allahabad Digitally signed by :- KASHIFA High Court of Judicature at Allahabad