Neutral Citation No. - 2025:AHC:103674 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46106 of 2024 Applicant :- Pyare Lal Suman Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Yadav,Bheshaj Puri,Rajesh Singh Baish Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Amit Kumar Yadav, Advocate appears for the applicant and submits that the accused/applicant has been falsely implicated in Case Crime No.227 of 2024, under Sections 8/21 N.D.P.S. Act, Police Station Saidpur, District Ghazipur. 2. Learned counsel for the accused-applicant, contends that a quantum of 1.215 kgs heroin has been allegedly recovered from the accused-applicant. There is no independent witness of arrest and recovery. The mandatory provision of Section 50 of N.D.P.S. Act has not been complied. The applicant is languishing in jail since 21.10.2024. As such, he prays that the accused/applicant be also enlarged on bail. 3. Learned A.G.A. has opposed the prayer for bail and submitted that a huge quantity of contraband has been confiscated at the behest of the accused from the dicky of motorcycle. The charge-sheet has already been submitted. 4. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 5. The record prima facie reveals that the arrest and recovery has been made in absence of independent witness. The mandatory compliance of N.D.P.S. Act is the matter of adjudication. Charge-sheet has already been submitted. 6. Hence, without touching the merit of the case, the bail application is allowed. 7. The accused/applicant-Pyare Lal Suman 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 court concerned. Order Date :- 3.7.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad