HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33902 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri D.R. Chaudhary, learned Senior Advocate, assisted by Sri Siddharth Chaudhary, learned counsel for the applicant, Sri Nitesh Kumar Srivastava, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case crime no. 377 of 2025, U/s 318(4), 338, 336(3), 340(1), 208(b), 61(2) BNS & Section 8-C, 21-C, 26-D, 29 NDPS Act, Police Station- Adalhaat, District-Mirzapur, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that applicant was not named in the FIR, wherein the allegation has been made that A.K. Distributor, which is the proprietorship concern of Akshat Kumar Yadav, had purchased 26,000 bottles of new Phensedyl Codeine based cough syrup from Saili Traders and thereafter, he sold it in open market. The name of the applicant surfaced in the statement of the co-accused Akshat Kumar Yadav, wherein he stated that the applicant had introduced him with one Divesh Jaiswal, who was involved in illegal sale and transportation of Codeine based cough syrup. Thereafter, in the statement of Divesh Jaiswal, he also made allegation against the applicant that applicant is also involved in the business of property as well as medicines, without making any specific reference regarding involvement of the applicant in sale or Versus Counsel for Applicant(s) : Siddharth Chaudhary Counsel for Opposite Party(s) : G.A. Ajay Yadav @ Ajay Kumar Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) illegal transportation of the Codeine based cough syrup. It is further submitted that the Police, while conducting the investigation of case crime no.376 of 2026, police station-Adalhaat, district-Mirzapur, collected evidence, wherein, in the CCTV footage, applicant was found depositing Rs.20 lakhs in the account of Sunrise Traders, who is the proprietorship concern of one Shivam Dwivedi. 4. Learned counsel for the applicant has submitted that merely because at the instruction of proprietor of Sunrise Traders, applicant had deposited some amount, it is not sufficient in itself to implicate the applicant in the sale and transportation of Codeine based cough syrup, without there being any other material. It is further submitted that the applicant has explained the criminal history of three cases in the accompanying affidavit. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is languishing in jail since 19.03.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the present application is allowed. 7. Let the applicant- Ajay Yadav @ Ajay Kumar Yadav, involved in the aforementioned crime be released on bail, on his furnishing a BAIL No. 33902 of 2026 2 personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 13. Office is directed to send a copy of this order to the applicant through Mirzapur Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours in compliance of the BAIL No. 33902 of 2026 3 order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. October 1, 2026 S.C. BAIL No. 33902 of 2026 4 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad