Neutral Citation No. - 2025:AHC:133917 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27208 of 2025 Applicant :- Nand Kishore Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant and 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 S.T. No. 1134 of 2024 (State vs. Nand Kishore and others) arising out of Case Crime No. 05 of 2024, under Sections 80, 20, 22, 60 of Narcotic Drugs and Psychotropic Substances Act, Police Station Armapur, District Kanpur Nagar, during the pendency of trial. It is argued by learned counsel for the applicant that the applicant was granted bail by the coordinate Bench of this Court vide order dated 18.09.2024 in Criminal Misc. Bail Application No. 27129 of 2024. Thereafter, he appeared before the trial court, which is at the stage of recording evidence. It is next argued that the applicant appeared before the trial court up to 11.03.2025, but subsequently, due to lack of proper communication with his counsel he could not appear before the trial court on 25.03.2025, 08.04.2025 and 22.04.2025, hence non bailable warrant was issued against him on 06.05.2025. When applicant came to known about the issuance of non bailable warrant against him, he appeared before the trial court on 20.05.2025, but on that day he was arrested and sent to jail and his bail application has also been rejected. Much emphasis has been given by contending that the applicant undertakes that in case he is enlarged on bail, he will appear on each and ever date before the trial court and will cooperate with the trial. Averment in this regard has been mentioned in paragraph No. 12 of the affidavit filed in support of the bail application. Per contra, learned Additional Government Advocate for the State 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. Considering the overall facts and circumstances of the case as well as plea of the applicant that due to lack of proper communication with his counsel, his non appearance before the trial court was not deliberate, but due to bona fide reason, I find that prima facie the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant-Nand Kishore, be released on bail in the aforesaid case crime number 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) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 7.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad