Neutral Citation No. - 2025:AHC:84714 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4493 of 2025 Applicant :- Akram Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Naushad Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mohd. Naushad, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 543 of 2024, under Sections 8/21 of N.D.P.S. Act Police Station Gangoh, District Saharanpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have been arrested by the police and from his personal search, 16 gms. of smack is stated to have been recovered on 18.12.2024 at about 00:50 hours. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The allegations are per se false. The said recovery has simply been made by the police to show some good work. The said contraband is below the commercial quantity. It is next stated that there is a criminal history of eight cases assigned to the applicant and in all the cases, he has been granted bail but could not fetch the order of one case relates to Arms Act. The said case is triable by Magistrate. 6. The applicant is languishing in jail since 18.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 8. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that recovered contraband is below the commercial quantity, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Akram, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 20.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad