Ajay Kumar vs State Of U.P.

Heard learned counsel for the applicant and Shri Rajesh Kumar Singh, learned AGA for the State and perused the entire material available on record.

This is a second bail application filed by the applicant. The first bail application filed by the applicant was rejected by this Court vide order dated 02.02.2026, passed in Criminal Misc. Bail Application No. 34726 of 2025, copy whereof has been brought on record as Annexure-1 to the bail application.

The applicant- Ajay Kumar, has filed this second bail application with a prayer to enlarge him on bail in Crime No. 415 of 2025, under Sections 8/20 of N.D.P.S. Act, Police Station-Phase-2, District-Gautam Budh Nagar, during the pendency of the trial.

In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 29.08.2025. He further submits that in the present case charge sheet has been filed on 22.11.2025 and there are 12 witnesses there is no possibility of conclusion of trial in near future. Learned counsel for the applicant submits that similarly circumstanced co-accused Himanshu Jatav and Neeraj Vats @ Neeru, have already been granted bail by a coordinate Benches of this Court in Criminal Misc. Bail Application No. 33163 of 2025 and 33079 of 2025 vide orders dated 26.03.2026 and 23.04.2026. Criminal antecedent of two cases has already been explained in the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the fact that similarly circumstanced aforesaid co-accused has already been granted bail by this Court.

Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Ajay Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

(Ashutosh Srivastava,J.)

May 6, 2026

Deepak/