Neutral Citation No. - 2025:AHC-LKO:9560 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 77 of 2025 Applicant :- Shivam @ Annu Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. Counsel for Applicant :- Mohammad Imaran Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 83 of 2024, under Sections 8/21 of NDPS Act, Police Station Inhauna, District Amethi. As per prosecution story, 35 grams contraband i.e 'Smack' is said to be recovered from the possession of the applicant which is below than the commercial quantity. He further submits there is no independent public eye witness of the recovery and the provisions of Sections 42, 50 and 52A of the NDPS Act have not been complied with. He also added that there is seven cases criminal history of the applicant which has been explained in the bail application and in supplementary affidavit and except apart the aforesaid seven cases, there is no criminal history of the applicant and he is languishing in jail since 22.10.2024 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings, thus submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and has submitted that the applicant is involved in committing the offence and he has six cases criminal history, as such, he is not entitled for any relief. Having considered the submissions of learned counsel for the parties and after perusal of the record, it transpires that the recovered contraband from the possession of the applicant is below than the commercial quantity; applicant has seven cases criminal history which has been explained in the bail application as well as in supplementary affidavit; there is non- compliance of the provisions of Sections 42, 50 and 52A of the NDPS Act and the applicant is languishing in jail ail since 22.10.2024 and he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Shivam @ Annu involved in the aforementioned crime 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 13.2.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench