BAIL/15307/2026 of KAKO @ KAFIA Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15307 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, 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. 149 of 2025, under Section 8/29 N.D.P.S. Act, Police Station- Mirzapur, District- Saharanpur.  3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He contends that the applicant although named in the FIR has not been arrested from spot and nothing has been recovered from the possession or on the pointing out of the applicant. The accused arrested on the spot namely Tasleem @ Bhura, Harpal and Tavassum @ Kali have been granted bail by this Court vide its orders dated 13.10.2025, 29.10.2025 and 25.11.2025 passed in Criminal Misc. Bail Application No. - 35127 of 2025, Criminal Misc. Bail Application No. - 35695 of 2025  and Criminal Misc. Bail Application No. - 32189 of 2025 respectively. The applicant has no criminal antecedents and the role assigned to the applicant is allegedly purchasing smak from the co-accused who were arrested on spot. It is further submitted that in case, the applicant is granted bail, she will not misuse the liberty of bail and will cooperate in the trial proceedings. 4. The Learned A.G.A. has opposed the prayer for grant of bail, however, could not dispute the fact that the case of the applicant stands on a similar footings to that of the co-accused who have been granted bail. 5. I have considered the submissions made by the learned counsels for the parties and perused the record.  6. Taking into consideration the fact that the co-accused Tasleem @ Bhura, Harpal and Tavassum @ Kali, who were arrested on spot and from whose possession smack has been recovered have been granted bail by this Court. The brother-in-law of the applicant Jishan was also implicated in the case has been granted bail in Criminal Misc. Bail Application No. - 38295 of 2025 vide order dated 18.11.2025. The applicant is a lady having no criminal antecedents and also the fact that applicant is not a previous convict, I deem it fit to enlarge the applicant on bail. 7. The bail application is allowed. 8. Let the accused-applicant- Kako @ Kafia ,  involved in above mentioned Versus Counsel for Applicant(s) : Riyaz Husain, Sayeed Saif Ullah, Sufia Saba Counsel for Opposite Party(s) : G.A. Kako @ Kafia .....Applicant(s) State of U.P. .....Opposite Party(s) case crime number be released on bail, on her 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. 10. 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. 11. 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. May 6, 2026 Fahad BAIL No. 15307 of 2026 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad