BAIL/15585/2026 of PUSHPRAJ YADAV @ SHYAM YADAV Vs STATE OF U.P. on 6 May 2026

1. Heard learned counsel for the applicant and learned AGA for the State.

2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 789 of 2024, under Section 8/21/27a/29 N.D.P.S. Act, Police Station Robertsganj, District Sonbhadra, during the pendency of the trial.

3. It is argued by the learned counsel for the applicant that present first information report was lodged against applicant and Co-accused Raj Soni and according to the first information report, from the possession of applicant and co-accused each 17.45 gram heroine was recovered. He further argued that on the basis of false allegation, applicant has been made an accused in the present matter and even alleged recovered of heroine is less than the commercial quantity. He also argued that mandatory provisions of Section 50 of N.D.P.S. Act have not been complied with.

4. He further submits that however apart from the present case, applicant is having criminal history of four other cases being Case Crime No. 224 of 2023, 1039 of 2024, 52 of 2024 and 485 of 2024, which has been explained in para no. 24 of the affidavit and in Case crime No. 224 of 2023, 52 of 2024 Versus Counsel for Applicant(s) : Prateek Srivastava Counsel for Opposite Party(s) : G.A. Pushpraj Yadav @ Shyam Yadav .....Applicant(s) State of U.P. .....Opposite Party(s)

and 485 of 2024, he is on bail, copy of bail order has been collectively annexed as Annexure No.2 to this affidavit. Apart from the same, the applicant is also having criminal history of five cases being Case Crime No. 02 of 2025, 207 of 2025, 101 of 2025, 185 of 2025 and 193 of 2025, which has been explained in para no. 27 of the affidavit and in Case Crime No. 02 of 2025 and 207 of 2025, he is on bail, copy of bail order has been collectively annexed as Annexure-3 to this affidavit. He further submitted that co-accused Raj Soni has already been released on bail by this Court vide order dated 18.03.2025 passed in Criminal Misc. Bail Application No. 42880 of 2024. He further submits that applicant is languishing in jail since 25.05.2025.

5. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

6. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

7. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

8. Let the applicant -Pushpraj Yadav @ Shyam Yadav be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

9. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. BAIL No. 15585 of 2026

10. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. May 7, 2026 T.S. BAIL No. 15585 of 2026

(Jai Prakash Tiwari,J.) Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad