Neutral Citation No. - 2025:AHC:19891 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46643 of 2024 Applicant :- Nikhil Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kumar Mishra,Mohd. Zaid Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Ramendra Pal singh, learned A.G.A. for the State and perused the record. 2. By means of this bail application, applicant seeks bail in Case Crime No. 137 of 2024, under Section 8/20 N.D.P.S Act, Police Station- Biharigarh, District Saharanpur during pendency of trial. 3. It is submitted by learned counsel for the applicant that F.I.R. has been lodged against the applicant. The applicant has been falsely implicated in the present case by the police. As per the prosecution case while police person were on patrolling duty they saw the accused and on suspicion when they have stopped the applicant, he is having 150 gram charas. All the witnesses are police person and prosecution has failed to produce the independent witness. Provisions enumerated in the N.D.P.S. Act for search and seizure have not been followed. Provision of Section 50 N.D.P.S. Act has not been complied with. It is is also submitted that five cases of criminal history of the applicant has been explained in paragraph 21 of the affidavit. Applicant is languishing in jail since 12.10.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. 4. On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. 5. Keeping in view the quantity of recovered opium, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant Nikhil involved in Case Crime No. 137 of 2024, under Section 8/20 N.D.P.S Act, Police Station- Biharigarh, District Saharanpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/ intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 11.2.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad