Neutral Citation No. - 2025:AHC-LKO:35364 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5257 of 2025 Applicant :- Jalim Alias Kaushalendra Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Manoj Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 3. The present bail application has been filed on behalf of the applicant in Case Crime No. 167 of 2025, under Section 8/20 of N.D.P.S. Act, Police Station-Unchahar, District-Raebareli, with the prayer to enlarge him on bail. 4. Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case by showing false recovery of the alleged contraband, which is less than the commercial quantity. He further submitted that he was implicated in the four cases and out of four cases, final report has already been submitted in two cases and in rest of the cases, he has been released on bail and he is in jail since 06.05.2025 and he is ready to cooperate in the investigation. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. opposed the prayer for grant of bail to the applicant but he did not dispute that the quantity of the alleged contraband is less than commercial quantity. 6. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, it is evident that the quantity of the alleged contraband is less than the commercial quantity, therefore, it is a fit case for bail. 7. Let the applicant-Jalim Alias Kaushalendra Singh, 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. (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 IPC. (v) 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., may be issued and if 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. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 12.6.2025 Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench