HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29136 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Anil Kumar Mishra, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 394 of 2024, under Sections 8/20/29 of NDPS Act, Police Station Behat, District Saharanpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. 5. Learned counsel has next stated that the applicant was not arrested at the spot, rather the said contraband of 5.81 kg of charas was recovered from the co-accused Haseen @ Iddu. Name of the applicant has come up in the confessional statement of arrested co-accused, which has no evidentiary value in the eyes of law. 6. Learned counsel has next stated that the applicant is recuperating in L.L.R.M Medical College as per report received from the Superintendent of Jail, Saharanpur, as such applicant is entitled for bail. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 21.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the Versus Counsel for Applicant(s) : Anil Kumar Mishra Counsel for Opposite Party(s) : G.A. Dildar Kuraishi Alias Dilshad .....Applicant(s) State of U.P. .....Opposite Party(s) liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the fact that there is no recovery from the applicant and he being suffering from heard disease, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant-Dildar Kuraishi Alias Dilshad, 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 shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. September 26, 2025 Sumit S BAIL No. 29136 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad