Neutral Citation No. - 2025:AHC-LKO:34308 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4970 of 2025 Applicant :- Durgesh Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. As per the prosecution story, it is alleged that five packets of smack have allegedly been recovered from the possession of the co-accused Jeet Bahadur and thereafter, six packets of smack were allegedly found near the sofa. On pointing out of the accused Shubham Pathak, 600 gms of smack has allegedly been shown to have recovered in a polythene packet. Learned counsel for the applicant submits that according to the admitted case of the prosecution itself, no recovery has been made either from the conscious possession of the applicant or on his pointing out. The recovery alleged in the prosecution case has been shown from the house of the co-accused Shubham Pathak and another co-accused Jeet Bahadur. There is no independent witness of the alleged recovery. The signature of the applicant on the seized contraband substances has not been taken by the prosecution. Although the recovery has been shown to have been effected before the Circle Officer, but the said Circle Officer has not signed the recovery memo, which shows manipulations done by the prosecution while preparing the same and makes it doubtful. He further submits that there is non-compliance of mandate of Section 42 of N.D.P.S. Act as the information received by the police has not been reduced to writing and the same has not been forwarded to the higher authorities within the prescribed time. He also submits that the co-accused Shubham Pathak and Jeet Bahadur have already been granted bail by coordinate Benches of this Court vide orders dated 23.4.2025 and 11.2.2025 passed in Criminal Misc. Bail Application Nos. 870 of 2025 and 1285 of 2025, respectively. It is submitted that the case of the present applicant is on better footing than the co- accused Shubham Pathak. It is further submitted that the applicant has explained his criminal history in paragraph no. 2 of the supplementary affidavit and he is languishing in jail since 11.12.2024. There is no possibility of the applicant of fleeing away after being released from jail 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. has opposed the prayer for bail and submitted that the applicant has criminal history of seven cases. However, she could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, period of incarceration so also the recovery memo as well as the provisions of Section 42 of N.D.P.S. Act 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- Durgesh Rawat involved in Case Crime No. 671 of 2024, under Sections 8/21(c)/29 of N.D.P.S. Act, Police Station- Ram Sanehi Ghat, 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 :- 3.6.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench