HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6122 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Anil Kumar Pandey, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-I for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.594 of 2025 under Sections 8/21/29/60 of N.D.P.S. Act registered at Police Station- Kotwali Nagar, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub-Inspector of Police against two persons, including the applicant, stating that on the basis of an information received form a mukhbir, a motorcycle was intercepted. The applicant, who was driving the motorcycle, was arrested on the spot and the other accused persons sitting on the pillion seat escaped. 864 grams morphine (including weight of the packet) was recovered from the motorcycle. 4. Although the FIR states that the search was conducted in presence of the Circle Officer, he has not signed the recovery memo. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. The State has filed a counter affidavit annexing therewith copies of material collected during investigation. 8. The learned A.G.A.-I has vehemently opposed the bail application Versus Counsel for Applicant(s) : Anil Kumar Pandey, Amit Kumar Dixit Counsel for Opposite Party(s): G.A. Mohd. Saad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) and he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 05.08.2025. 9. Learned counsel for the applicant has filed a rejoinder affidavit. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the recovery memo does not contain the signatures of the Circle Officer in whose presence the recovery was made; the applicant has no previous criminal history and he is languishing in jail since 14.06.2025 whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Mohd. Saad be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. September 4, 2025 -Amit K- BAIL No. 6122 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench