HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27117 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Virendra Kumar Maurya, learned counsel for the applicant, Sri P.K. Malviya, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 343 of 2025, under Sections 8, 21, 25, 29 of the NDPS Act, Police Station Rohaniya, District Varanasi, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that, as per the prosecution story, police, after receiving a tip, have raided the godown of Mahesh Kumar Singh situated on Prayagraj-Kolkata Highway. Thereafter, on inspection, 75,150 bottles of Eskuff cough syrup and 18,600 bottles of New Phensedyl cough syrup were recovered and the applicant was also arrested adjacent to the godown. It is further submitted that the applicant is a driver of the Mahesh Kumar Singh (owner of the godown) and his only duty is to drive the vehicle of Mahesh Kumar Singh. There is no material regarding the involvement of the applicant in illegal storage or transportation of the codeine-based cough syrup and it is Mahesh Kumar Singh, being the owner of the godown, who must be aware of the storage or further transportation of the codeine-based cough syrup. Therefore, the applicant has been falsely implicated in the present case merely for being an employee of the godown and because he was present at the time of the incident. Versus Counsel for Applicant(s) : Neeja Srivastava, Sr. Advocate, Virendra Kumar Maurya Counsel for Opposite Party(s) : G.A. Azad Jaiswal .....Applicant(s) State of U.P. .....Opposite Party(s) 4. It is further submitted that the applicant has explained the criminal history of one case. It is further submitted that the charge-sheet has been filed in the present case; therefore, there is no requirement of custodial interrogation. The applicant is a law-abiding citizen and he is languishing in jail since 19.11.2025. In case he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that the applicant was an employee of the godown owner Mahesh Kumar Singh and there is no other material against the applicant, and keeping in view the nature of the offence, evidence and complicity of the 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 judgment 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 the guideline of this Court in the case of Maya Tiwari Vs. State of U.P., 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- Azad Jaiswal, 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. 27117 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 and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded 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 further 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 Jail Superintendent, Varanasi via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours in compliance of the order 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 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 SA BAIL No. 27117 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad