HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23335 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Mohammad Wadood, learned counsel for the applicant, Shri Shashank Singh, Brief Holder for the State and perused the record of the case. The present bail application under Section 483 B.N.S.S. has been filed on behalf of applicant, Manni Panchal, with a prayer to release him on bail in Case Crime No. 24 of 2025, under Section 8A(c)/22(c)/29 N.D.P.S Act, Police Station - Kotwali, Nagar, District Saharanpur. Learned counsel for the applicant has contended that about 4100 Intoxicated Injection, 62,400 Intoxicated Capsules and, 6600 Intoxicated Piles are alleged to have been recovered from the possession of the applicant. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow the provisions of N.D.P.S. Act. There is no report of chemical analyst. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant, who is in jail since 28.05.2025 having no criminal history to his credit, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail. Learned A.G.A for the State vehemently opposed the prayer for bail and he has submitted that the during the personal search of co-accused Naveen Saini, some narcotic articles i.e. tablets, capsules/injections etc. have been recovered from the possession of the house of applicant and he has committed the crime of smuggling narcotic substances in connivance with co-accused. The applicant is named in the F.I.R. The applicant along with co-accused persons committed the crime of drug trafficking. In his confessional statement, the co-accused Naveen Saini admitted the fact about receiving drugs from the applicant and co-accused Harish Saini, trading in narcotic tablets, injections and capsules and making substantial profits by purchasing Versus Counsel for Applicant(s) : Mohammad Wadood, Mohd. Samiuzzaman Khan, Shivam Tiwari Counsel for Opposite Party(s) : G.A. Manni Panchal .....Applicant(s) State of U.P. .....Opposite Party(s) the drugs at Maximum Retail Price rates and was selling them at approximately one and half times the Maximum Retail Price. Learned A.G.A has further submitted that on the basis of sufficient reliable evidences, statements of informant and witnesses a charge-sheet has been submitted against the present applicant and co-accused Naveen Saini. Learned A.G.A for the State has lastly submitted that the commission of offenses-in- question, the applicant is rightly being detained in judicial custody, if the applicant is granted bail, there is a chance to tampering of evidence and threatening them, therefore, the instant bail application is devoid of merit and the same is liable to be cancelled. In the light of the facts and circumstances of the present case, it would be inappropriate to discuss the evidence in depth at this stage because it is likely to influence the trial of the accused. But, from the perusal of the evidences, collected during investigation so far, prima facie, the involvement of the accused in the present case cannot be ruled out. No reason is found to falsely implicate the applicant/accused. Therefore, there is no good ground to release the applicant-accused on bail at this stage. All the contentions raised by the learned counsel for the applicant pertain to the merits of the case and the same cannot be considered while considering application for grant of bail. This court is unable to form an opinion at this stage that the accused has not committed an offence. In the ultimate conclusion, considering the facts and circumstances of the case, gravity of the offence, severity of punishment, in my opinion, no case for bail is made out. Accordingly, the bail application is hereby rejected. It is clarified that the observations made regarding the bail application is limited to the decision of the bail application and any observations made herein shall not effect the trial of the case. January 20, 2026 Vinod. BAIL No. 23335 of 2025 2 (Ashutosh Srivastava, J.) Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad