Neutral Citation No. - 2025:AHC:87282 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45693 of 2024 Applicant :- Shakeel Alias Hazi Bona Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar,Vinay Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Pursuant to the order dated 12.5.2025 passed by this Court, S.I. Sri Amit Anand, Investigating Officer of the case is present in- person. 2. A personal affidavit on behalf of Investigating Officer filed today by the State, is taken on record. 3. Heard Sri Vinay Kumar, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent. 4. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 392 of 2024, under Sections 8/20 NDPS Act & 111(2) BNS Act, Police Station Rasoolpur, District Firozabad, during pendency of the trial in the court below. 5. Learned counsel for the applicant submitted that however, as per allegation from the possession of the applicant, 1Kg 250g charas was recovered but entire recovery is false and baseless. 6. He further submitted that even at the time of recovery no public witness was taken. 7. He further submitted that however from the record it reflects that provisions of section 52A of NDPS Act have been complied with but actually in fact no such compliance was made. 8. He further submitted that there is no evidence that applicant is either member of any organized crime syndicate or he acted on behalf of such syndicate but in spite of that he has also been challaned for offence of organized crime. 9. He further submitted that however earlier applicant has also been roped in four other cases but in three cases he has already been acquitted and one another case although relates to the provisions of NDPS Act but in that case, he is on bail. 10. He further submitted that actually local M.L.A. is highly inimical with the applicant, therefore, police is continuously harassing him by implicating him in false criminal cases. 11. He further submitted that applicant is in jail in the present matter since 12.11.2024. 12. Per contra, learned AGA opposed the prayer for bail and submitted that from the possession of the applicant commercial quantity of the contraband was recovered and applicant could not bring any good reason on the basis of which above recovery could be said to be false and planted one. 13. He further submitted that apart from the present case applicant is also having criminal history of one another case of NDPS Act therefore, there is every possibility that if he will release on bail then he will again indulge in committing the offence of NDPS Act and therefore, considering the provisions of section 37 of NDPS Act, he should not be released on bail. 14. I have heard learned counsel for the parties and perused the record of the case. 15. As per allegation from the possession of the applicant, 1kg 250g charas was recovered which is commercial quantity and from the record it reflects that mandatory provisions of section 52 of NDPS Act have been complied with. 16. Further, however, as per learned counsel for the applicant there is no cogent evidence of organized crime against applicant but it reflects, applicant is also having criminal history of a case of NDPS Act and it appears, after released on bail in that case, he again committed the offence under the provisions of NDPS Act. 17. Further, applicant could not bring any good reason for his false implication. 18. Therefore, considering the facts and circumstances of the case discussed above, particularly the provisions of section 37 of NDPS Act, I am not inclined to release the applicant on bail. 19. Accordingly, the instant bail application stands rejected. Order Date :- 22.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad