HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33598 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Parth Chaubey, Advocate holding brief of Sri Sanjay Kumar Jaiswal, learned counsel for the applicant, Sri Nitish 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. 571 of 2025, under Sections 318(4), 338, 336(3), 340(2), 208 of B.N.S. and Section 8, 18, 21, 26D N.D.P.S. Act, Police Station Nawabganj, District Prayagraj, during the pendency of the trial. 3. The contention of learned counsel for the applicant is that the allegation against the applicant is that he was sometimes found sitting in the medical shop of M/s Anika Medical Store, which is a proprietorship concern of one Arun Singh, and that M/s Anika Medical Store was involved in the illegal purchase and sale of codeine-based cough syrup from Saili Traders, Jharkhand. It is further submitted that merely on the basis of the statement of the landlord of the shop, which was given on rent to M/s Anika Medical Store, wherein he simply stated that he had seen the applicant also sitting in the said medical store occasionally, no liability can be fastened upon the applicant regarding any involvement of M/s Anika Medical Store in the illegal sale and purchase of codeine-based cough syrup. It is further submitted that the applicant, being a property dealer, had arranged the shop in question for the proprietor of M/s Anika Medical Store, and for that reason, he sometimes went to the shop of the Versus Counsel for Applicant(s) : Rajesh Kumar Gautam Counsel for Opposite Party(s) : G.A. Azad Singh @ Golu .....Applicant(s) State of U.P. .....Opposite Party(s) proprietor of M/s Anika Medical Store to meet him. There is no material against the applicant. 4. It is further submitted that the applicant has explained his criminal history of one case. It is also submitted that the charge-sheet has been filed in the present case; therefore, there is no requirement for custodial interrogation. The applicant is a law-abiding citizen and has been languishing in jail since 06.04.2026. In case he is granted bail, he will not misuse the liberty of bail and will 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., 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- Azad Singh @ Golu, involved in the aforementioned 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, 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. BAIL No. 33598 of 2026 2 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 Jail Superintendent, Naini, Prayagraj via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours in compliance of the 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. 14. Application, if any, stands disposed of. September 30, 2026 SA BAIL No. 33598 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad