HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29023 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri R.B. Singh, learned counsel for applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 227 of 2025, under Section 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Fatehganj, District Bareilly, during the pendency of trial. 4. As per prosecution story, 1.014 Kg. of Charas is said to have been recovered from the possession of the applicant by the police on 10.06.2025 at about 6:20 a.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The FIR is delayed by about three hours and there is no explanation of the said delay caused. There is no compliance of mandatory provision of Section 52-A of the N.D.P.S. Act. 6. Learned counsel for the applicant has further argued that the recovered contraband is marginally above the commercial quantity. The said quantity has been inflated just to make it fall within the category of commercial quantity. The criminal history assigned to the applicant stands explained. He is languishing in jail since 10.06.2025. In case, the applicant is released on Versus Counsel for Applicant(s) : R.B. Singh, Surendra Nath Yadav Counsel for Opposite Party(s) : G.A. Puran .....Applicant(s) State of U.P. .....Opposite Party(s) bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the applicant has six criminal antecedents to his credit, four of which remain unexplained. The said criminal antecedents are:- "1. Case Crime No.123 of 2024, under Sections 306, 316, 323 I.P.C., Police Station Gadhiya, District Shahjahanpur. 2. Case Crime No.475 of 2021, under Section 13 Gambling Act, Police Station Rangeen, District Shahjahanpur. 3. Case Crime No.475 of 2022, under Section 13 Gambling Act, Police Station Rangeen, District Shahjahanpur." 8. The Supreme Court in Special Leave to Appeal (Crl.) No(s). 1400/2025 Munnesh Vs. State of Uttar Pradesh has directed that the petitioners seeking regular bail or anticipatory bail must mandatorily disclose their criminal antecedents. Non-disclosure of criminal history itself could be considered as a ground for dismissal of bail. The Court directed: "We, accordingly, direct that henceforth each individual who approaches this Court with a Special Leave Petition (Criminal) challenging orders passed by the high courts/ sessions courts declining prayers under Sections 438/439 of the Code of Criminal Procedure, 1973 or under Sections 482/483, Bharatiya Nagrik Suraksha Sanhita shall mandatorily disclose in the 'SYNOPSIS' that either he is a man of clean antecedents or if he has knowledge of his involvement in any criminal case, he shall clearly indicate the same together with the stage that the proceedings, arising out of such case, have reached. Should the disclosure be found to be incorrect subsequently, that itself could be considered as a ground for dismissal of the special leave petition." 9. After hearing learned counsel for the parties and taking into consideration the fact that the criminal history assigned to the applicant has not been properly explained by the counsel for the applicant, as such, the rigors of Section 37 of N.D.P.S. Act apply to the case of the applicant, I do not find it a fit case for grant of bail to the applicant. The bail application is found devoid of merits and is, accordingly, rejected. 10. However, it is directed that the aforesaid case pending before the trial BAIL No. 29023 of 2025 2 court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 15, 2025 (Ravi Kant) BAIL No. 29023 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad