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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12075 of 2026 Court No. - 93 HON'BLE SANTOSH RAI, J.
1. Supplementary affidavit filed by learned counsel for the appellant is taken on record. 2. Heard Sri Piyush Sinha, learned counsel holding brief of Sri Chandan Sharma, learned counsel for the appellant and Sri Krishna Agarawal, learned counsel for Central Bureau of Norcotics and perused the record. 3. This is the second bail application moved by the applicant. First bail application being Criminal Misc. Bail Application No.19728 of 2025 was rejected by this Court on 03.02.2026. 4. This second bail application has been moved on behalf of accused- applicant Mohd. Ashif seeking enlargement on bail in Case Crime No.12 of 2024, under Sections 8/21/22/25/27-A/29 Narcotics Drugs and Psychotropic Substance Act, P.S. C.B.N., District New Delhi. 5. Tersely, the fact of prosecution case is that on 16.09.2024, on the basis of the specific information, a preventive team of officers of P & I Cell, CBN New Delhi raided at a room build at the land of Mustafa Ali Alias Sonu at Poultry Farms near Main Road connecting Village Manjhol and Choundhari, Saharanpur (Uttar Pradesh) and recovered and seized various NDPS medicines. Two persons namely, Ahsan Ali son of Naseem Ahmed, resident of Village Baleli, PO Samalekhi Gurjer, District- Saharanpur (Uttar Pradesh) and Mohammed Salman son of Mohammad Inam, resident of Village Madhopur Hazratpur, District Haridwar (Uttarakhand) were found inside that house filling tramadol capsules in empty capsule blisters and two Versus Counsel for Applicant(s) : Anoop Kumar Dubey, Chandan Sharma Counsel for Opposite Party(s) : Krishna Agarawal Mohd Ashif .....Applicant(s) Central Bureau Of Narcotics .....Opposite Party(s)
person, namely, Mohammad Asif (accused-applicant) son of Mohammad Aslam resident of VPO Gagalhedi, District- Saharanpur were found outside helping them. Loose tramadol capsules, blister filled with suspected tramadol capsules were recovered at the spot. In addition to that a capsule blister filling machine, air filling machine and generator were used in filling of those capsules blisters. The same were also seized. Two cars Maruti Fronx having registration no UK07FR5959 and Maruti Suzuki having registration no. UP12AH3767 used for transporting seized suspected tramadol capsules by the accused were also seized on the spot. The summons u/s 67 of NDPS Act were issued to all four persons and their voluntarily statement u/s 67 were recorded.
In their voluntary statements they inter alia accepted the recovery and other incriminating facts. Since the above named accused persons appeared to have committed offences punishable under Sections 8/21, 22, 25 27A and 29 of NDPS Act, 1985, they were arrested on 17.09.2024 in accordance with law. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case due to ulterior motive. No any incriminating article was recovered from the possession of the applicant. He further submitted that PW-1 and PW-2 have already been examined, while non- bailable warrant has been issued against PW-3. There are 27 prosecution witnesses in all and, therefore, conclusion of the prosecution evidence is likely to take considerable time. It was further submitted that two co-accused persons namely Mohd. Salman and Mustafa Ali have already been enlarged on bail by a Co-ordinate Benches of this Court vide orders dated 08.05.2026 and 10.02.2026 passed in Criminal Misc. Bail Application Nos.11547 of 2026 and 15347 of 2025 and that the applicant has only one criminal history, which has been duly explained in para-66 of the bail application. The applicant has been languishing in jail for about the last two years i.e. since 18.09.2024. 7. Learned counsel for the opposite party vehemently opposed the prayer for bail and submitted that the applicant is the main accused and his role is distinguishable from that of the co-accused who have been granted bail. On the pointing out/information furnished by the applicant, huge quantities of contraband were recovered from three other places. The applicant was allegedly running the disputed factory, from where a huge quantity of narcotic drugs and psychotropic substances was recovered. In BAIL No. 12075 of 2026 2
all, 386.9218185 kg Tramadol was recovered, whereas the commercial quantity is only 250 grams.
Further, 90 kg of codeine was recovered against the commercial quantity of 1 kg, and some quantity of Alprazolam i.e. 100gm was also recovered from the possession of the applicant. 8. Without expressing any opinion on merits of the case and considering the huge quantity of contraband recovered from the possession of the applicant, his role and involvement, and the fact that his case is distinguishable from that of the co-accused Mohd. Salman and Mustafa Ali, who have been granted bail, mere incarceration of about two years and examination of PW- 1 and PW-2, I find no new or sufficient ground to grant bail to the applicant in the second bail application. There is also a reasonable apprehension that, if the applicant is released on bail, he may interfere with the trial and intimidate or pressurize the prosecution witnesses. 9. Accordingly, the second bail application of the applicant is rejected. September 7, 2026 Asha BAIL No. 12075 of 2026 3 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad