Neutral Citation No. - 2025:AHC:41348 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3891 of 2025 Applicant :- Afsar Khan @ Lalla And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ritesh Singh,Suresh Singh Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicants has filed supplementary affidavit, which is taken on record. 2. Heard learned counsel for the applicants, Sri Arimardan Yadav, learned A.G.A. for the State and perused the record of the case. 3. The present bail application under Section 483 B.N.S.S. has been filed on behalf of applicants, Afsar Khan and Sonu Awasthi with a prayer to release them on bail in Case Crime No. 26 of 2025, under Sections 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Sadar Bazar, District- Shahjahanpur. 4. Learned counsel for the applicants has contended that 2 Kg. 288 gm. and 2Kg. 430 grm. of Ganja and Rs. 51,300/- and Rs. 1110/- are alleged to have been recovered from the joint possession of the applicants. In fact no such recovery was effected from the applicants. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Sections 50, 52A and Section 8/18 of the N.D.P.S. Act. There is no report of chemical analyst. It is also argued that the applicants are absolutely innocent and have been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize them. He has next submitted that the applicants, who are in jail since 12.01.2025 having no criminal history to credit of applicant no. 2 and the applicant no. 1 has criminal history of two cases, which has been explained in para 16 of the affidavit. It is next submitted that the mother of applicant no. 1, who is aged about 75 years is suffering from heard attack and she taking the treatment from Kamla Hospital and Maternity Center Babuai, Shahjahanp;ur from 26.02.2025 and she is in critical position due to heart problem. In case the applicants are released on bail they will not misuse the liberty of bail. 5. Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage who are involved in supplying contraband, therefore, the applicants do not deserve any indulgence. In case the applicants are released on bail they will again indulge in similar activity. 6. It is settled position of law that bail is the rule and committal to jail is an exception in the case of State of Rajasthan Vs. Balchand @ Baliay (1977) 4 SCC 308, the Apex Court observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution and opined para 2 "The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like, by the petitioner who seeks enlargement on bail from the court. We do. not intend to be exhaustive but only illustrative." and considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Gudikanti Narasimhulu And Ors vs Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. 7. 7. Without expressing any opinion on the merits, let the applicants Afsar Khan @ Lalla and Sonu Awasthi involved in aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- 1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. The applicants shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 20.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad