Neutral Citation No. - 2025:AHC-LKO:40245 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6507 of 2025 Applicant :- Kuldeep Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Saurabh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. In the prosecution case, it is alleged that while on patrolling duty, the police, upon suspicion, conducted a personal search of the applicant and allegedly recovered 112 grams of charas. Learned counsel for the applicant submits that the recovered quantity is below the commercial, there is no public witness to the alleged recovery, and there is no compliance of Section 50 of the NDPS Act. It is further submitted that the applicant has explained his criminal antecedents in paragraphs 18 to 32 of the bail application and is in custody since 14.04.2025. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody 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 prima facie non-compliance of Section 50 of the NDPS Act, the fact that the recovered quantity is below commercial, the applicant's continued incarceration since 14.04.2025, and the explanation of his criminal antecedents as mentioned in the bail application, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Kuldeep Tiwari involved in Case Crime/F.I.R. No. 42/2025, under Sections 8/20 N.D.P.S. Act and 3/25 of Arms Act, P.S. Shivratanganj, District Amethi, 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 (Now 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 82 Cr.P.C. (now 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 174-A IPC (now Section 209 of BNS). Order Date :- 15.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench