HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31519 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant today is taken on record. 2. Heard Sri Avinash Pandey, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 163 of 2025, under Sections 8/20/29 of NDPS Act, Police Station Kotwali Nagar, 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. 5. Learned counsel has next stated that nothing incriminating has been recovered from the possession of the applicant. The recovery of 106 gm of charas is stated to have been recovered from the co-accused Aarif. The applicant has been falsely implicated in the present case. He has nothing to do with the said offence. 6. The criminal history of three cases assigned to the applicant has been explained as in two cases, he has been enlarged on bail and in another case, applicant has been granted benefit of Section 41A of Cr.P.C. The applicant is languishing in jail since 16.08.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Avinash Pandey Counsel for Opposite Party(s) : G.A. Mustafa .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned A.G.A. has vehemently opposed the bail application. 8. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, 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- Mustafa, 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 15, 2025 Sumit S BAIL No. 31519 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad