HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33703 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Amit Krishna, learned Senior Advocate, assisted by Sri Ashish Chitranshi, 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. 235 of 2025, under Sections 8, 21, 29, 26D, 27A, of N.D.P.S, Act & Section 61(2), 318(4), 336(3), 338, 340(2) of B.N.S., Police Station Kotwali, District Varanasi, during the pendency of the trial. 3. As per prosecution story, the applicant persuaded one Saddam Hussain to open a firm M/s Al Ukba Medical Agency and thereafter the applicant had also deposited money in the bank account of M/S Al Ukba Medical Agency maintained at Bank of Maharashtra. Subsequently, it was found that the M/S Al Ukba Medical Agency is involved in illegal purchasing and transportation of codeine based cough syrup. 4. Learned counsel for the applicant submitted that the applicant is employee of M/s Singh Medicos. It is further submitted that as per the statement of Sneh Lata, Cashier, Bank of Maharashtra as well as statement of Saddam Hussain, proprietor of the Al Ukba Medical Agency, the applicant used to deposit money in the Bank account of Al Ukba Medical Agency but the account statement which has been annexed as Annexure 4 shows that the applicant had deposited Rs. 36900/- on Versus Counsel for Applicant(s) : Ashish Chitranshi, Shagun K. Saran, Sr. Advocate Counsel for Opposite Party(s) : G.A. Swapnil Keshari .....Applicant(s) State of U.P. .....Opposite Party(s) 06.03.2024 in that account on behalf of the proprietor M/S Al Ukba Medical Agency. It is further submitted that office of Al Ukba Medical Agency is adjacent to the Office of Singh Medicos. As the applicant used to go the bank to deposit money on behalf of his employer, the proprietor of Al Ukba Medical Agency also requested the applicant to deposit Rs.36900/- on his behalf in the account of Al Ukba Medical Agency. Accordingly, the applicant deposited that amount. Therefore, there is no material against the applicant for his involvement in sale, purchase and transportation of codeine based cough syrup. He is simply an employee of Singh Medicos. It is lastly submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has explained the criminal history of seven cases in the accompanying affidavit and he is languishing in jail since 17.02.2026. 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. for the State opposed the prayer for bail but could not dispute the aforesaid fact. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the account statement of Al Ukba Medical Agency showing only one deposit on the part of the applicant and except the statement of Saddam Hussain, proprietor of M/s Al Ukba Medical Agency, there is no material against the applicant and keeping in view the nature of offence, evidence, complicity of 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. BAIL No. 33703 of 2026 2 7. Let the applicant- Swapnil Keshari, 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. 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, Varanasi via e-mail or on e-prison portal and Trial BAIL No. 33703 of 2026 3 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. 33703 of 2026 4 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad