Neutral Citation No. - 2025:AHC-LKO:6168 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 821 of 2025 Applicant :- Ramswaroop Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Nijam Ahamad, learned counsel for the applicant and Sri Vishwa Nath Nishad, learned A.G.A. for the State. 3. As per learned counsel for the applicant, the present applicant is in jail since 05.04.2024 in FIR/ Case Crime No. 90 of 2024, under Sections 8/21 of N.D.P.S. Act, Police Station- Kotwali Tanda, District- Ambedkar Nagar. 4. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the applicant has been made the sole accused. From the possession of the applicant, 50 grams of Alprazolam powder was allegedly recovered. The aforesaid quantity is below commercial quantity. At the time of search and seizure and arrest, the mandatory provisions have not been followed. As a matter of fact, the relevant provisions of Sections 42, 52-A and 57 of N.D.P.S. Act have not been followed. In the supplementary affidavit filed today, the learned counsel for the applicant has explained one criminal history of the applicant in Criminal Case No. 3291 of 2018, State Vs. Jilajeet and Another, arising out of Case Crime No. 255 of 2018, under Section 380, 457, 411 IPC, Police Station- Kotwali Akbarpur, District- Ambedkar Nagar, wherein the applicant has been acquitted. Charge sheet has been filed against the applicant. 5. Learned counsel has further stated that the applicant undertakes that if he is enlarged on bail, he shall co-operate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 6. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 7. Therefore, without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that from the possession of the applicant, 50 grams of Alprazolam powder was allegedly recovered which is below the commercial quantity; at the time of search and seizure and arrest of the applicant, the mandatory provisions have not been followed; the applicant has criminal history of one other case in which he has been acquitted; charge sheet has been filed in the case and the undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant- Ramswaroop be released on bail in the aforesaid case crime number 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:- (i) 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. (ii) 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 under Section 229-A IPC/269 of the B.N.S., 2023. (iii) 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./84 of B.N.S.S., 2023 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 174-A IPC/208 of the B.N.S., 2023. (iv) 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./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (v) The present applicant shall not leave the country without prior permission of the Court. (Rajesh Singh Chauhan,J.) Order Date :- 28.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench