HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6095 of 2026 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Atul Kumar Kushwaha, learned counsel for the applicants and Shri Manoj Kumar Singh, learned A.G.A. for the State and perused the record of the case. The present bail application under Section 483 BNSS has been filed on behalf of applicants, Mustafa and Rihan, with a prayer to release them on bail in Case Crime No. 134 of 2025, under Section 8/21 of N.D.P.S. Act, Police Station Garhi Pukhta, District-Shamli. Learned counsel for the applicants has contended that total 185 Gram Smack is alleged to have been recovered from the possession of the applicants. The recovered contraband is below commercial quantity. In fact no such recovery was effected from the applicants. It is further submitted that since such recovery is not supported by independent witness, possibility of their false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. There is no report of chemical analyst. It is also argued that the applicants are absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize them. The applicant are languishing is in jail since 29.12.2025. Criminal history of one case against the applicant no. 1 has been properly explained and the applicant no. 2 has no criminal antecedents and they deserve to be released on bail. In case the applicants are released on bail they will not misuse the liberty of bail. Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage who are involved in supplying contraband, therefore, the applicants does not deserve any indulgence. In case the applicants are released on bail they will again indulge in similar activity. Versus Counsel for Applicant(s) : Atul Kumar Kushwaha Counsel for Opposite Party(s) : G.A. Mustafa And Another .....Applicant(s) State of U.P. .....Opposite Party(s) Considering the facts of the case and keeping in mind larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicants, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Without expressing any opinion on the merits, let the applicants Mustafa and Rihan, involved in abovesaid case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- 1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. The applicants shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. March 19, 2026 Deepak/ BAIL No. 6095 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad