Neutral Citation No. - 2025:AHC-LKO:41652 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 439 of 2024 Applicant :- Izhar Miya Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Indra Pratap Singh,Aayush Dwivedi,Anil Singh,Sandeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. In the prosecution case, it is alleged that from a secret informer, a prior information was received that on 06.04.2023 in the morning, some suspected accused shall enter the Lucknow border through Gorakhpur side. Acting on this information, the team was constituted and two persons were apprehended i.e., the applicant and a lady. It is alleged that from the backpack of the applicant, 2 packets of 9 kg each charas have been recovered. The search and seizure has been made in front of Additional Superintendent of Police, S.T.F., Lucknow Shri Amit Kumar. Learned counsel for the applicant submits that there is no independent witness to the alleged recovery. The compliance of Section 52A of N.D.P.S. Act has not been done. Thus, the applicant has been falsely implicated in the case. It is further submitted that the applicant has no criminal history and he is incarcerated in jail for more than two years i.e., since 06.04.2023. 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 and submitted that the recovered contraband substance is above the commercial quantity. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has no criminal antecedents; the twin conditions as contained in Section 37(1) (b)(ii) of the N.D.P.S. Act appear to be satisfied; there appears to be no compliance of Section 52A of the N.D.P.S Act; applicant is incarcerated in jail for more than two years i.e., since 6.4.2023 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- Izhar Miya involved in Case Crime No. 98 of 2023, under Sections 8/20 of N.D.P.S. Act, P.S.- B.B.D., District Lucknow, 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. (v) The applicant 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 in accordance with law. (vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S. Order Date :- 21.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench