Neutral Citation No. - 2025:AHC-LKO:44157 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4854 of 2025 Applicant :- Gore Gharti Magar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Piyush Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.51 of 2025, under Sections 8/20 of NDPS Act, P.S. Rupaideeha, District Bahraich. In the prosecution case it is alleged that from the hand bag carried by the applicant ten bundles narcotic substance wrapped in polythene is alleged to have been recovered. The dog handler opined that this is charas. On weighing this contraband, weight of the recovered charas is found to be 9.900 kg. Learned counsel for the applicant submits that although recovery is alleged to have been made in presence of gazetted officer however, in the recovery memo gazetted officer has not signed neither he has been made witness in the charge-sheet. The provisions of Section 52-A of NDPS Act have not been followed. Applicant has no criminal history. Applicant has been falsely implicated in this case. Applicant is in jail since 05.03.2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 05.03.2025, prima facie it appears that applicant may not be held guilty during trial since has no criminal history it may be believed that applicant will not commit this offence in future thus, twin conditions under Section 37 of NDPS Act stand satisfied and without expressing any opinion on 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 Gore Gharti Magar be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 Panel 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 of the Indian Panel Code (now Section 209 BNS). Order Date :- 30.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench