Neutral Citation No. - 2025:AHC:20554 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46705 of 2024 Applicant :- Aasif Khan Opposite Party :- State of U.P. Counsel for Applicant :- Bindeshwari Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Bindeshwari Prasad Mishra, learned counsel for the applicant, Sri Ramendra Pal Singh, learned AGA for the State and perused the record. The present bail application has been filed by accused- applicant- Aasif Khan seeking bail in Case Crime No. 48 of 2021, under Section 21/22 NDPS Act, Police Station- G.R.P. Mathura Junction, District- Mathura. In the prosecution case it is alleged that on the information of police informer, the police arrested the applicant with co-accused. From joint possession of the applicant and the co-accused, 500 gm Alprazolam (powder) and two mobile phones are alleged to have been recovered. 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 no criminal antecedents. There is no independent witness to the incident. The applicant is in jail since 19.06.2021. He further submitted that since the role of the applicant is identical to that of co-accused, Jeetu@Pauaa, who has already been enlarged on bail vide order dated 04.07.2022 passed by this Court in Criminal Misc. Bail Application No. 13894 of 2022, he is also entitled to be enlarged on bail on the ground of parity. 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 no criminal antecedents, he is in jail since 19.06.2021, 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- Aasif Khan, 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