HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33185 of 2026 Court No. - 68 (Sr. No.14 out of 114) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Anoop Rai, Advocate holding brief of Sri Sudhir Kumar, learned counsel for the applicant, Sri V.K.S. Pararm, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.162 of 2026, under Section 8/18 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Aliganj, District- Bareilly, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. A false recovery of 450 grams of opium has been foisted on the applicant. The allegations are per se false and the recovered contraband is below the commercial quantity. 5. Learned counsel for the applicant has further argued that there is no compliance of mandatory provision of Section 52A and 57 of the N.D.P.S. Act. The criminal history assigned to the applicant has been explained. The applicant is languishing in jail since 17.7.2026. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Sudhir Kumar Counsel for Opposite Party(s) : G.A. Brijesh Srivastava .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances coupled with the fact that recovered contraband is below the commercial quantity and there being no compliance of mandatory provision of Section 52A & 57 of the NDPS Act, without commenting on the merits of the case, prima facie, I find it a fit case for bail. The bail application is allowed. 8. Let the applicant- Brijesh Srivastava, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. September 17, 2026 Vikas Verma BAIL No. 33185 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad