Neutral Citation No. - 2025:AHC-LKO:37184 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5823 of 2025 Applicant :- Gama Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Farhan Alam Osmany 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.254 of 2025, under Sections 8/20 Narcotic Drugs and Psychotropic Substances Act, P.S. Kotwli Dehat, District Hardoi. In the prosecution case it is alleged that on the secret information of the informant, the police apprehended the applicant and from his personal search in a black polythene bag held by him 1.400 kg ganja is said to have been recovered. Learned counsel for the applicant submits that there is no compliance of Section 50 of the NDPS Act. Recovered quantity is below commercial. Applicant is 72 years old. He has explained the criminal history of 17 cases out of which in 14 cases applicant has been acquitted and only three cases are pending against him, specific pleading to this effect has been made in paragraph 17 of the bail application. He submits that the applicant is in jail since 27.05.2025. 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 27.05.2025, recovered quantity is below commercial, non- compliance of Section 50 of the NDPS Act 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 Gama 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 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 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 209 BNS. Order Date :- 2.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench