Neutral Citation No. - 2025:AHC-LKO:44143 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2667 of 2025 Applicant :- Shadab @ Ajju Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko Counsel for Applicant :- Dinesh Kr. Sharma,Anil Kumar Pandey,Arshad Hafeez Khan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.Prosecution story is that while the police party was on patrolling duty on 9.2.2025, upon information given by informer, the police team reached at Kisan Path, near Rendrua Palhari and from the personal search of the applicant, 257gm of smack was recovered along with polythene bag. 3.Learned counsel for the applicant submits that although the search is alleged to have taken in front of local Circle Officer, however, he has not been made prosecution witness which falsifies the prosecution version that the search was taken in his presence. It is submitted that samples have not been drawn in from of the Magistrate. The recovered contraband is merely 7 gm above commercial quantity and due to polythene bag, it has been specified as commercial quantity, otherwise, it is less than commercial quantity. The applicant has no criminal history of NDPS case(s) except a criminal history of six cases under Indian Penal Code and Arms Act, which has been explained in para 15 of the bail application and in the rejoinder affidavit. The applicant is in jail since 10.2.2025. It is further submitted that 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. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He submits that the recovery of alleged contraband is of commercial quantity and the applicant is not liable to be enlarged on bail. 5.Having regard to all the facts and circumstances, weigh of alleged 257gm of smack has been done along with polythene bag, the weight of polythene bag may have caused the alleged contraband crossing the limit of commercial quantity, the applicant may not have carrying commercial quantity of alleged contraband, coupled with the fact that the Circle Officer is not witness of the charge sheet and the manner in which the sample has been done, prima facie the applicant may not be held guilty during trial since he has no other criminal history of NDPS Act, as also considering twin conditions as mentioned in section 37(1)(b) of N.D.P.S. Act having been satisfied, in as much as there are reasonable grounds for believing that the accused applicant might not be guilty of the offence and that he is not likely to commit any offence while on bail, and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed. 6.Let the applicant Shadab alias Ajju, involved in Case Crime No. 92 of 2025 under Sections 8/21 N.D.P.S. Act, P.S. Dewa, district Barabanki, 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 under Section 229-A I.P.C. (now 269 BNS) (vi) 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. (now 84 BNSS) 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 I.P.C. (now 209 BNS) Order Date :- 30.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench