HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33660 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Harsh Narayan Singh, 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. 371 of 2026, under Sections 8/21/22 of N.D.P.S. Act, Police Station-Bisanda, District-Banda, during pendency of the trial before the trial. 3. Contention of learned counsel for the applicant is that, as per the prosecution story, the applicant was intercepted by the police and one carton containing 101 bottles of codeine-based cough syrup, namely, Zufia, was recovered from him. It is further submitted that the applicant is a vendor and was transporting a carton containing the cough syrup without knowing its actual contents, on the instructions of Durga Medical Pharma. Therefore, the applicant has not committed any offence. It is further submitted that there is no public witness to the recovery and no laboratory report showing the actual contents of the cough syrup. It is further submitted that cough syrup itself is not a drug in view of Entry 35 of the Notification dated 14.11.1985 issued by the Central Government of India. Therefore, the applicant is entitled to be released on bail. 4. It is further submitted that the applicant has no criminal history. It is also submitted that the charge sheet has been filed in the present case; therefore, there is no requirement for custodial interrogation. The Versus Counsel for Applicant(s) : Harsh Narayan Singh Counsel for Opposite Party(s) : G.A. Prem Singh .....Applicant(s) State of U.P. .....Opposite Party(s) applicant is a law-abiding citizen and has been languishing in jail since 04.08.2026. 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 and submitted that, at the time of transporting one carton of codeine-based cough syrup, the applicant could not produce any document regarding its transportation. Therefore, the applicant is not entitled to be released on bail. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the quantity of bottles recovered, as well as the submission advanced by learned counsel for the applicant that the applicant was transporting the cough syrup on the instructions of the medical shop owner, and keeping in view the nature of the offence, evidence and complicity of the accused, and taking into account overcrowded jails and the heavy pendency of criminal cases before the trial courts, as well as considering the mandate of the judgment 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 the guidelines of this Court in the case of Maya Tiwari Vs. State of U.P., 2024 SCC OnLine All 6765, regarding the 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- Prem Singh, 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. 33660 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, Banda 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. October 9, 2026 SA BAIL No. 33660 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad