Neutral Citation No. - 2025:AHC-LKO:20070 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1986 of 2025 Applicant :- Manish Tiwari @ Monu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. Counsel for Applicant :- Umesh Chandra Tripathi,Rajan Mishra,Shambhunath Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. Rejoinder affidavit filed today is taken on record. The present bail application has been filed on behalf of applicant in Case Crime No.052 of 2022, under Sections 8, 20, 29, 60(3) of N.D.P.S. Act, Police Station- Kandhai, District -Pratapgarh, with the prayer to enlarge him on bail. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since 08.02.2022. He further submitted that he does not have any criminal antecedent and it is obligatory on the part of police officials to take out the sample and sent the same for chemical examination within 24 hours but in the present case sample was sent after one month and trial is not going on. He further submitted that he will not involve in any illegal activities in the future. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for grant of bail, but he does not dispute this fact that sample was not sent for chemical examination. Considering submissions advanced by learned counsel for parties and upon perusal of order record, it appears that applicant does not have any previous criminal history and that the sample sent for chemical examination was after considerable delay. Co-accused, namely, Ratnesh Kumar Yadav, has already been enlarged on bail by Coordinate Bench of this Court passed in Bail Application no.4559 of 2022 on 09.02.2023. The applicant is under incarceration since 23.12.2024. In view of the above, the twin conditions contained under Section 37(1)(b) of the N.D.P.S. Act stand satisfied. This Court is of the view that if there is reasonable ground, the applicant is entitled to be released on bail. Let applicant - Manish Tiwari @ Monu - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (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., may be issued and if 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. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Trial court is directed to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties. Order Date :- 9.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench