Neutral Citation No. - 2025:AHC:129582 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24376 of 2025 Applicant :- Shiv Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kant Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shashi Kant Dwivedi, learned counsel for the applicant and Sri Varun Pratap Singh, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 158 of 2024, under Sections 8/21/29 of NDPS Act, Police Station - Bhaluani, District - Deoria, during the pendency of trial. 4. Learned counsel for the applicant has stated that two co-accused persons, Abhishek Kumar Chaturvedi and Amritash Singh Alias Sunny Singh were arrested by the police and from their possession, 6.4 kg of charas and 440 grams of brown sugar were recovered from a scorpio car along with cash and other things. 5. Learned counsel has further stated that the name of the applicant has come up in the confessional statement of arrested co-accused persons which has no evidentiary value in the eyes of law. The said arrested co-accused persons, Abhishek Kumar Chaturvedi and Amritash Singh Alias Sunny Singh, have been enlarged on bail by the coordinate Bench of this Court vide order dated 24.02.2025 passed in C.M.B.A. Nos. 38179 of 2024 and 40620 of 2024, respectively. 6. Learned counsel has next submitted that since the case of the applicant is at a better footing to the case of co-accused persons, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 12.6.2025, having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 7. The prayer for bail has been vehemently opposed by learned A.G.A.. However, the aforesaid factual aspects of parity to the co- accused and of no criminal history of the applicant, have not been disputed by him. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and in the light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51, without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity. 9. Let the applicant- Shiv Kumar Yadav, who is involved in aforementioned 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 1.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad