Neutral Citation No. - 2025:AHC:20168 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46685 of 2024 Applicant :- Ahsan Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Arvind Kumar Mishra, learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State and perused the record. The present bail application has been filed by accused- applicant- Ahsan seeking bail in Case Crime No.280 of 2024 under Section 8/20 of NDPS Act, Police Station-Binauli, District- Baghpat. In the prosecution case it is alleged that on the information of the police informer, the police arrested the applicant. From the personal search of the applicant, 1 kg 300 gm Ganja is alleged to have been recovered from the possession of the applicant. The recovery has been made in front of the Gazetted Officer. Learned counsel for the applicant submits that the recovered quantity of contraband is 'below commercial quantity' as provided in the Schedule appended with the NDPS Act and therefore, the stringent conditions as contained in Section 37 of the N.D.P.S. Act are not attracted in this case. The applicant has criminal antecedent of one case. There is no independent witness to the incident. The applicant is in jail since 23.11.2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the facts that the recovered quantity is below commercial, the applicant has explained criminal antecedents, he is in jail since 23.11.2024, prima facie there appears to be no independent witness and period of incarceration gone into by the applicant, the stringent conditions as contained in Section 37 of the N.D.P.S. Act are not attracted in this case and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Ahsan, involved in aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (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 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. Order Date :- 11.2.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad