Neutral Citation No. - 2025:AHC-LKO:39773 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4016 of 2025 Applicant :- Sadab Ansari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Hanumant Lal Yadav,Shailendra Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. As per the prosecution's case, acting upon information received from a secret informant, the police apprehended the applicant, and upon search of the left pocket of his lower, 299 grams of smack wrapped in a black polythene packet was recovered. Learned counsel for the applicant submits that a perusal of the recovery memo shows non-compliance of the provisions of Section 50 of the NDPS Act, as the applicant was not searched in the presence of a Gazetted Officer or a Magistrate. It is further submitted that the charge sheet has already been filed and the applicant has no previous criminal history under the NDPS Act. The applicant has a criminal history of trivial offence as explained in paragraph 22 of the bail application. He is in custody since 03.04.2025. 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. 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. Having regard to all the facts and circumstances, arguments advanced by learned counsel for the parties and keeping in view the nature of offence, evidence in support of accusation, complicity of the accused, absence of any prior NDPS-related criminal history, and non-compliance of Section 50 of the 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. Let the applicant Sadab Ansari, involved in Case Crime No. 126/2025, under Sections 8/21 N.D.P.S. Act, P.S. Kotwali Dehat, P.S. Sultanpur, 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 (Now Section 269 of 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 Section 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 IPC (now Section 209 of BNS). Order Date :- 11.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench