Neutral Citation No. - 2025:AHC-LKO:36866 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6110 of 2025 Applicant :- Bharat Lal @ Bharat Lal Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Rakesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned Additional Government Advocate 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.0173 of 2025 under Section 8/20 Narcotic Drugs and Psychotropic Substances Act, Police Station Unchahar, District Raebareli. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is alleged that 3 kilograms of ganja were recovered from the personal search of the applicant. However, there is no compliance with the provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act. Learned counsel further submits that the alleged recovery falls under the category of 'below commercial quantity' as defined in the Schedule appended to the NDPS Act, and therefore, the stringent conditions prescribed under Section 37 of the Act are not applicable in this case. The applicant has explained the criminal history of four cases in paragraph 8 to the bail application. The applicant is in jail since 09.05.2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail 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. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering the submissions advanced, perusal of the record, and the fact that the recovered quantity of ganja is below commercial quantity, the provisions of Section 50 of the NDPS Act and the stringent conditions under Section 37 of the NDPS Act are not attracted in the present case, the period of incarceration of the applicant, and without expressing any opinion on the merits of the case, I am of the view that it is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Bharat Lal @ Bharat Lal Yadav, involved in the aforesaid case crime number 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 :- 1.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench