HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31839 of 2026 Court No. - 68 (Sl. No. 70 out of 318) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 367 of 2026, under Section 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Badlapur, District -Jaunpur, during the pendency of trial. 4. As per the allegations of the FIR, 8 kg of ganja is stated to have been recovered from the conscious possession of applicant by the police. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case by the police to show good work. The contraband recovered from the possession of the applicant is below commercial quantity. 6. Learned counsel for the applicant has stated that the criminal history of three cases assigned to the applicant stands explained. The applicant is languishing in jail since 23.7.2026. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Arun Kumar, Sunil Kumar Tiwari Counsel for Opposite Party(s) : G.A. Mahendra Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) 8. 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 his criminal antecedents. In the instant case, the criminal history assigned to the applicant has been properly explained. 9. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, the fact that the contraband recovered from the possession of applicant is below commercial quantity, at this stage without commenting on the merits of the case, prima facie, I find it a fit case for bail. The bail application is allowed. 10. Let the applicant- Mahendra Yadav, who is involved in aforementioned case 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 subject to verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 9, 2026 Shalini BAIL No. 31839 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad