MANISH KUMARversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 19352 of 2025

Manish Kumar
                                                          .....Applicant(s)
                                  Versus

State of U.P.
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)                   :   Ajay Kumar Mishra
Counsel for Opposite Party(s)              :   G.A.

Court No. - 68
                 HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Sri Manish Tiwary, learned Senior Counsel assisted by Sri Ajay
Kumar Mishra, learned counsel for the applicant, Sri Arimardan Yadav,
learned AGA for the State and perused the record.

The instant second bail application under Section 483 BNSS at the
instance of the applicant Manish Kumar has been filed seeking
enlargement on bail in Case Crime No.391 of 2024, under Section 8/21-C
of NDPS Act, 1985, Police Station Lisarigate, District Meerut, during
pendency of the trial in the court below. The first bail application was
rejected by this Court vide order dated 17.12.2024 passed in Criminal
Misc. Bail Application No.42316 of 2024. The applicant is stated to be
incarcerated in jail since 17.10.2024.

Sri Manish Tiwary, learned Senior Counsel appearing for the applicant
while pressing the second bail plea of the applicant contends that the
applicant has been implicated in the instant case crime number on the
strength of recovery of 614 grams of smack from a Swift Dzire vehicle
bearing Registration No.UP15 CM 8442 driven by the applicant. The
applicant has no criminal antecedents and has been falsely implicated in
this very case for ulterior motives. In furtherance of his submissions
learned Senior Counsel contends that a land dispute exists between the
applicant's father and one Jaiveer in which both parties were challaned on
10.04.2024 under Section 107/116 CrPC (Annexure-3 to the bail
application). The constable Sushil Bhati posted in Ante Narcotics Task
Force, Meerut is a relative of Jaiveer. On 16.10.2024 said Sushil Bhati
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alongwith some other police personnel came to the house of the applicant
without any search warrant searched the house and broke articles and left
after threatening for false implication. On 16.10.2024 at 10.43 hours the
police personnel took the applicant and his vehicle to State Highway-14,
Mahmood Nagar, Fatehpur Road, Meerut and showed false recovery of
contraband narcotics and implicated the applicant in the present case.

Sri Tiwary has relied heavily on averments made in paragraphs-32 to 40
of the affidavit filed in support of the bail application to substantiate his
submission regarding the false implication of the applicant in the instant
case crime number. It is also argued that the charge sheet against the
applicant has already been filed on 10.04.2025. The case is proceeding at
a snail's pace and as such, further custodial interrogation of the applicant
is no longer required. Hence, bail has been prayed for.

Per contra, learned AGA has vehemently opposed the bail plea by
submitting that from the possession of the accused applicant 614 grams of
smack (394 grams smack and 220 grams cut for increasing the quantity of
smack), two mobile phones and a Maruti Dzire Car, 15 bundles packing
paper were recovered. The recovery memo was prepared, samples taken
and sent for forensic examination but report is still awaited. The applicant
is involved in trafficking of contraband smack and during the course of
investigation credible and concrete evidence has been collected which
proves the complicity of the applicant and the crime. The averments made
in paragraphs-32 to 40 of the bail application have been specifically
denied in paragraphs-21 to 29 of the counter affidavit and it has been
averred that no relation has been found between Jaiveer and Sushil Bhati.
Besides Sushil Bhati has also not been found in the video sent by mother
of the applicant on pen-drive. It is also submitted that the applicant has
been arrested and from his possession huge quantity of illegal drug smack
(heroin) alongwith sealing equipment was recovered which is valued at
more than Rs.50 lakhs.

Considering all above facts and circumstances, period of incarceration,
the nature of accusations, progress of case at a snail's pace, larger
mandate of Article 21 of the constitution of India, the nature of
accusations, the nature of evidence in support thereof, the severity of
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                                    punishment which conviction will entail, the character of the accused-
                                    applicant, circumstances which are peculiar to the accused, reasonable
                                    possibility of securing the presence of the accused at the trial, reasonable
                                    apprehension of the witnesses being tampered with, the larger interest of
                                    the public/ State and other circumstances, but without expressing any
                                    opinion on the merits, I am of the view that it is a fit case for grant of bail.

                                    Accordingly, the bail application is allowed.

                                    Let the applicant Manish Kumar involved in abovesaid 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 with the following
                                    conditions that :-

                                    1. The applicant shall not tamper with the prosecution evidence by
                                    intimidating/ pressurizing the witnesses, during the investigation or trial.

                                    2. The applicant shall cooperate in the trial sincerely without seeking any
                                    adjournment.

                                    3. The applicant shall not indulge in any criminal activity or commission of
                                    any crime after being released on bail.

                                    In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail. Identity, status and residence proof of the applicant and
                                    sureties be verified by the court concerned before the bonds are accepted.



                                                                                         (Ashutosh Srivastava,J.)
                                    January 27, 2026
                                    Ravi /Shahroj




Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad