Neutral Citation No. - 2025:AHC-LKO:20657 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3112 of 2025 Applicant :- Babali Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Vinay Kumar Tripathi,Chanda Khatoon,Vishnu Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 2. This first bail application has been filed with regard to Case Crime No.0029 of 2025, under Sections 8/22 NDPS Act, registered at P.S.-Mohanganj, District -Amethi. 3. As per contents of FIR, the incident is said to have taken place on 02.02.2025 when police team during patrolling apprehended the applicant along with co-accused with illegal narcotics in their possession such as Smack of 80 grams. 4. It is submitted by learned counsel for the applicant that the applicant has falsely been implicated in the charges levelled against her which could be evident from the recovery memo itself which clearly indicates violation of Sections 50 and 52A of NDPS Act. It is also submitted that there is no independent witness of the aforesaid recovery which even otherwise is below commercial quantity. The applicant is under incarceration since 02.02.2025 with previous criminal history which has already been explained. 5. Learned A.G.A. has opposed bail application with the submission that previous criminal history of the applicant clearly indicates that she is a habitual offender. It is also submitted that violation of Section 52A NDPS Act is procedural in nature. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that the applicant was apprehended during patrolling but there does not appear to be any independent witness to the alleged recovery of Smack which even otherwise is much below the commercial quantity. The aspect of violation of Sections 50 and 52A of NDPS Act would also be required to be adjudicated during trial upon evidence being led. The applicant is under incarceration since 02.02.2025 and in view of aforesaid circumstances, this Court finds the condition indicated in Section 57 of the Act fulfilled. 7. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. 8. Accordingly bail application is allowed. 9. Let applicant, Babli, involved in the aforesaid case crime be released on bail on her 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 shall file an undertaking to the effect that she 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 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. 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 her, in accordance with law, under Section 174-A of the Indian Penal Code. (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. 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 her in accordance with law. Order Date :- 11.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench