Neutral Citation No. - 2025:AHC:127863 Court No. - 81 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29356 of 2024 Applicant :- Raja Masoodi Opposite Party :- State of U.P. Counsel for Applicant :- Hardeo Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. (1) Applicant- Raja Masoodi has filed this application under Section 439 Code of Criminal Procedure for grant of regular bail, during the pendency of trial in Case Crime No. 62 of 2023, under Section 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Bilhaur, District Kanpur Nagar. The applicant is in custody since his arrest i.e. on 12.03.2023. (2) Learned counsel for the accused- applicant has argued that according to prosecution, 8.5 kg. 'Charas' was recovered from the two accused persons, namely Dilip Kumar and applicant on 12th March, 2023, who were allegedly carrying 5.5 kg. and 3 kg. contraband, respectively. Learned counsel has further submitted that two other persons, namely Mohd. Rais and Guddu Khan have also been implicated as an accused on the ground that the applicant and Dilip Kumar used to procure contraband from them and except for the applicant, the rest of the accused have been extended the concession of regular bail. In this regard, he has drawn the attention of the Court to the order dated 8th January, 2024, Annexure No.7. While claiming parity, learned counsel prays that the similar concession be also extended to the applicant, who is confined in custody for more than two years and four months. (3) The prayer is opposed by the learned State Counsel, who has argued that the quantity of contraband recovered from the accused collectively or individuality would fall within the ambit of commercial quantity and concession of regular bail to accused Dilip Kumar is based on his physical disability to the extent of 42%, therefore, the applicant cannot claim parity with the said accused. According to him, the case of the other accused is also on different footing as the recovery was effected from the applicant and Dilip Kumar and previously considering these submissions, the concession of regular bail was denied to the accused applicant vide order dated 16th February, 2024 (Annexure No.1). He prays that the application be dismissed. (4) Upon hearing the learned counsel and considering their submissions, this Court finds that no doubt, according to prosecution commercial quantity of 'Charas' was recovered from the applicant and his co- accused Dilip Kumar, but the applicant has been in custody for two years and four months and trial is not making any headway. As per the final report under Section 173 Code of Criminal Procedure, prosecution has given a list of 25 witnesses, but concededly, till date only two prosecution witnesses have been examined. As per zimni order dated 29th April, 2025, the cross examination of P.W.2 Viresh Singh had been concluded and the matter was posted for 30th May, 2025 for further recording of prosecution evidence. (5) Notably, this Court vide order dated 16th January, 2025 had directed the Commissioner of Police, Kanpur Dehat to explain the reasons behind the slow pace of the trial, as the majority of the prosecution witnesses are police officials, who despite summoning had not been appearing before the trial court, and in response, an affidavit dated 24th February, 2025 was filed before this Court, wherein it is mentioned that the prosecution has examined two witnesses and the remaining witnesses would be examined at the earliest. Despite filing the affidavit and ensuring speedy trial, it has not picked up any pace as no other prosecution witnesses have been produced before the trial court. Thus, it becomes clear that the prosecution is not taking effective steps to examine its witnesses expeditiously, and under such circumstances, the applicant cannot be allowed to remain in custody endlessly. The prosecution witnesses are police officials, and at present there does not seem to be any possibility of their being won over, and as the trial is likely to consume considerable time to conclude, therefore, this Court deems it appropriate to extend the concession of regular bail to the applicant. (6) Resultantly, without meaning any expression of opinion on the merits of the case, the bail application is allowed and it is ordered that the applicant-Raja Masoodi be released on regular bail in the above case crime subject to his furnishing the requisite bail bonds and surety bonds to the satisfaction of the trial court. Order Date :- 31.7.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad