Neutral Citation No. - 2025:AHC:16866 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47290 of 2024 Applicant :- Chandrakant Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Nand Singh,Priti Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Krishna Nand Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 865 of 2024, under Sections 8/21/27A/29/60 NDPS Act, Police Station- Robertsganj, District- Sonbhadra, during pendency of the trial. 4. As per allegation from the possession of the applicant and two others total 120gm. heroin was recovered and from individual possession of the applicant 50gm. heroin was recovered. 5. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter along with others and actually nothing incriminating could be recovered from his possession. 6. He further submits that even the alleged recovered heroine does not involve commercial quantity, therefore, provisions of Section 37 NDPS Act are not applicable in the present matter. 7.He further submits that however, apart from the present case,applicant is having criminal antecedents of four other cases and out of four cases two cases were of NDPS Act but his entire criminal history has been explained in the affidavit filed in support of the instant bail application and in both the cases of NDPS Act also he was made accused on the basis of non-commercial quantity of contraband. It is next submitted that in all the above four cases applicant is on bail. 8. He further submits that along with applicant co-accused Manisha Singh and Dharmveer alias Pankaj Saroj were also arrested and after considering entire facts of the case both have been released on bail by this Court vide orders dated 27.1.2025 and 4.2.2025 passed in Criminal Misc.Bail Application Nos. 1690 of 2025 and 436 of 2025 respectively and on facts case of applicant is at par with them. 9. He further submits that applicant is in jail in the present matter since 13.11.2024. 10. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation, form the possession of applicant and two others total 120gm. heroin was recovered and from the individual possession of applicant 50gm. heroin was recovered but the alleged recovered heroine is not the commercial quantity of heroin, therefore, provisions of Section 37 NDPS Act are not applicable in the present matter. 13. Further, however, apart from the present case, applicant is having criminal history of four other cases and out of four cases two cases were of NDPS Act but in all the cases applicant is on bail and it appears that in cases of NDPS Act he has been made accused on the basis of recovery of non-commercial quantity of contraband like the present one. 14. Further, similarly placed two co-accused have already been released on bail by this Court and applicant is in jail in the present matter since 13.11.2024. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Chandrakant Gautam 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 6.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad