Neutral Citation No. - 2025:AHC-LKO:39752 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2627 of 2025 Applicant :- Ankit Singh Kurmi @ Ankit Kumar Kurmi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ashok Kumar Singh,Rahul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. This is the second bail application as the first bail application of the applicant was rejected on 07.03.2025 in Criminal Misc. Bail Application No. 2066 of 2025. Rejoinder affidavit filed today is taken on record. 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 upon secret information of the police informer, while the police was patrolling at Lucknow Kanpur Highway near Banthara, from Swift Dzire car a total of 91.335 kg of ganja has been alleged to be recovered. The applicant and the co-accused are allegedly found inside the car. Learned counsel for the applicant submits that there is no public witness of the alleged recovery. The recovery has been made on 13.11.2024. However, the samples were sent to F.S.L. on 02.12.2024. The seized contraband and its samples have not been certified by the Magistrate, as required under Section 52A(2) of NDPS Act. Thus, it is a case of false implication. It is further submitted that the applicant has no criminal history and he is languishing in jail since 13.11.2024. 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. has opposed the prayer for bail of the applicant. 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(2) of the N.D.P.S Act; applicant is in jail since 13.11.2024 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- Ankit Singh Kurmi @ Ankit Kumar Kurmi involved in Case Crime No. 376 of 2024, under Sections 8, 20, 29, 60 of N.D.P.S. Act, P.S. Banthara, 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 :- 11.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench