HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34714 of 2026 Court No. - 68 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Shiv Sharan Tripathi, learned counsel for the applicant, Sri A.K. Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 440 of 2026, under Sections 8/20(b)(ii)(c)/29 NDPS Act, Police Station Civil Lines, District Aligarh, during the pendency of trial. 4. The criminal history assigned to the applicant has been explained. 5. This Court is of the view that if a case for bail is otherwise made out, an accused cannot be kept incarcerated solely on account of her criminal antecedents. In the instant case, the criminal history assigned to the applicant has been properly explained. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that name of applicant has come up in the confessional statement of co-accused person, recorded u/s 67 of NDPS Act, which has no evidentiary value in the eyes of law, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. Accordingly, the bail application is allowed. 7. Let the applicant- Smt Rihana, who is involved in aforementioned case crime be released on bail on her furnishing a personal bond and two sureties Versus Counsel for Applicant(s) : Ramanand Tiwari, Shiv Sharan Tripathi Counsel for Opposite Party(s) : G.A. Smt Rihana .....Applicant(s) State of U.P. .....Opposite Party(s) each in the like amount to the satisfaction of the court concerned subject to verification of sureties, with the condition that she shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any of the above condition shall entail cancellation of bail. The observation herein shall not affect the trial on merits. (Krishan Pahal,J.) October 7, 2026 Shalini BAIL No. 34714 of 2026 2 Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad