Neutral Citation No. - 2025:AHC-LKO:34763 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3918 of 2025 Applicant :- Sahil Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Farooq Ayoob,Mansi Gupta 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 while the police parties were on patrolling duty, they saw a motorcycle coming from Fatehpur side at speed. The police parties stopped the said vehicle on with two persons were riding. Upon search of these two persons, 305 gms of morphine was recovered from the possession of the co-accused who was pillion rider and 700 gms of morphine was recovered from the possession of the applicant. Learned counsel for the applicant submits that the alleged recovery is false and planted. There is no public witness to the said recovery. There appears to be no compliance of Section 50 of N.D.P.S. Act as the Circle Officer has not been made a witness in the charge sheet, which shows the fact that the Circle Officer was not present at the time of personal search of the applicant. It is further submitted that the applicant has criminal history of one petty offence i.e., N.C.R. which has been explained in paragraph no.23 of the rejoinder affidavit and he is in jail since 25.3.2025. 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 of the N.D.P.S. Act appear to have been satisfied and also considering the nature of allegations, arguments advanced by learned counsel for the parties so also the fact that there appears to be no compliance of Section 50 of the N.D.P.S Act as the Circle Officer has not been made a witness in the charge sheet, which creates doubt about the recovery made from the applicant; applicant is in jail since 25.3.2025 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- Sahil involved in Case Crime No.136 of 2025, under Sections 8, 21(c), 60(3) of N.D.P.S. Act, P.S. Ram Nagar, 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 of the Indian Penal Code. (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. 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 of the Indian Penal Code. Order Date :- 5.6.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench