Neutral Citation No. - 2025:AHC:28013 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41217 of 2024 Applicant :- Aditya @ Parasuram @ Rajesh Opposite Party :- State of U.P. Counsel for Applicant :- Agni Pal Singh,Pratima Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Agni Pal Singh, learned counsel for the applicant, Sri Ashwani Yadav, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 774 of 2024, under Sections 8/20 N.D.P.S. Act, Police Station Kannauj, District Kannauj. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by the Inspector incharge on 13.09.2024 at 23:57 Hrs. against three persons, including the applicant, stating that a police party intercepted a motorcycle on an information received from a Mukhbir. The accused-applicant was driving the motorcycle and the other two co-accused persons were sitting on the pillion seat. They confessed that they were carrying Charas in a back pack being carried by them. The informant called the Circle Officer on the spot and the back pack was checked in his present whereupon it was found that there were ten packets kept in it, each weighing 500 grams. The recovered article was sealed on the spot and it is written in the FIR that the sample would be drawn before the court concerned as per the provisions of NDPS Act. 4. In paragraph 16 of the affidavit filed in support of the bail application, the applicant's involvement in four other cases have been mentioned, in all of which he has already been granted bail. 5. The State has filed a counter affidavit annexing therewith a copy of the Forensic Science Laboratory as per which a single sample weighing 198.64 grams was received for testing and upon analysis, it was found to be charas. 6. The learned AGA submitted that a charge sheet has already been submitted in the matter, although a copy thereof has not been annexed with the counter affidavit. 7. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the FIR version, the offending material was kept in 10 packets, which did not contain any identical markings. In these circumstances, it was mandatory that samples in duplicate should have been drawn from all the ten packets. The sample size as per the relevant rules is 26 grams. In the present case a single sample of about 200 grams was drawn and the samples were not drawn in duplicate from all packets. Keeping in view the aforesaid facts, I am of the view that the applicant is entitled to be released on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Aditya @ Parasuram @ Rajesh 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 magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. Order Date :- 27.2.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad