HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29291 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Udai Karan Saxena, learned Senior Counsel assisted by Ms. Divya Yadav, learned counsel for the applicant, Sri Paritosh Malviya, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 376/2025 under Sections 318(4),338, 336(3), 340(1), 208(B), 61(2), B.N.S. and section 26(D), 29, 8(C), 21(C), N.D.P.S. Act, P.S.-Adalhat, District-Mirzapur during the pendency of trial. 3. As per prosecution story, main accused Shivam Dwivedi, who was proprietor of M/s Sunrises Firm, had purchased huge quantity of codeine based cough syrup (like Phensedyl and Eskuf) from different super stockists but could not show the further transportation, sale or stock. 4. Learned counsel for the applicant submitted that the applicant was not named in the FIR, wherein allegation has been made against the main accused Shivam Dwivedi. Name of the applicant surfaced in the confessional statement of main accused Shivam Dwivedi, wherein he stated that the applicant had opened the firm M/S Sunrises after taking his Aadhar Card and another documents with the assurance that both of them would share the profit after selling codeine based cough syrup. It is further submitted that there is no material to show the involvement of the applicant in opening of the firm with co-accused Shivam Dwivedi or depositing any amount or sell or transportation or conspiracy regarding Versus Counsel for Applicant(s) : Divya Yadav, Sr. Advocate Counsel for Opposite Party(s) : G.A. Dhandev .....Applicant(s) State of U.P. .....Opposite Party(s) transportation of codeine based cough syrup. Therefore, the applicant has been falsely implicated merely on the basis of confessional statement of co-accused Shivam Dwivedi. It is lastly submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has explained the criminal history of three cases in the accompanying affidavit and he is languishing in jail since 5.11.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that except the statement of co-accused Shivam Dwivedi, there is no material against the applicant and keeping in view the nature of offence, evidence, complicity of accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC Online SC 3038 as well as guideline of this Court in the case of Maya Tiwari vs State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the present application is allowed. 7. Let the applicant- Dhandev involved in the aforementioned 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, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. BAIL No. 29291 of 2026 2 iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. Verification of mobile number as well as Aadhaar Card of the applicant and sureties should also be conducted by the court concerned. 11. It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 13. Office is directed to send a copy of this order to the applicant through Sonbhadra Jail Superintendent via e-mail or e-prison portal and Trial Court via e-mode within 24 hours in compliance of the orders of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 as well as in the case of Pila Pahan @ Peela Pahan and others vs State of Jharkhand and another, in Writ Petition (Criminal) No.169 of 2025 decided on 29.05.2026. 14. Application, if any, stands disposed of. September 8, 2026 A.Kr. BAIL No. 29291 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad