Neutral Citation No. - 2025:AHC-LKO:39761 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3796 of 2025 Applicant :- Munna @ Iqrar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Arshad Siddiqui,Akshay Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 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 the secret information of a police informer, the co-accused Javed was apprehended and on his pointing out, below the seat driver 600 gms of smack is alleged to have been recovered. It is further alleged that this smack was provided by the applicant to the co- accused Javed. Learned counsel for the applicant submits that the applicant was not apprehended on the spot. On the basis of the confessional statement of the co-accused Javed, he has been falsely implicated in the case. It is further submitted that the applicant has explained the criminal history of three cases in para no. 13 of the rejoinder affidavit. Out of three, one case bearing Case Crime No. 859 of 2023, under Sections 8/21/29 of NDPS Act is not a separate one. On the same day, from the same vehicle, two packets of smacks weighing 600 gms and 500 gms were recovered and two separate FIRs have been registered. Except this, he has no previous criminal history under NDPS Act. He is languishing in jail since 11.12.2024. 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. opposed the prayer for bail and submitted that the recovered contraband substance is above the commercial quantity. However, he could not give any explanation as to why the Circle Officer was not made a witness in the charge sheet. Considering the facts and circumstances of the case, prima facie the twin conditions as contained in Section 37(1)(b)(ii) of the N.D.P.S. Act appear to be satisfied and also considering the nature of allegations, arguments advanced by learned counsel for the parties so also the fact that the applicant was not apprehended on the spot; there is no public witness of the alleged recovery; no recovery has been made from the applicant; he is languishing in jail since 11.12.2024 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- Munna alias Iqrar involved in Case Crime No. 858 of 2023, under Sections 8, 21, 29 of 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 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