Neutral Citation No. - 2025:AHC:112832 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4677 of 2025 Applicant :- Harikesh Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant- accused Harikesh for the offence punishable under Sections 8/21/23 of N.D.P.S. Act, 1985, in Case Crime No. 0157 of 2024, Police Station- Sonauli, District-Maharajganj. 2.Mr. Dinesh Kumar Pandey, learned advocate, appears on behalf of applicant and submits that the accused-applicant has been falsely implicated in the present case, wherein 30 Ampoule Buprenorphine injection, 300 Tablets of Nitrajepam IP 10 mg, 472 Tablets of PROXYCO-SPAS, 720 Tablests of SPAS-ROXY and one Hero Splendor Motor Cycle have been recovered from the possession of the accused-applicant. The arrest and recovery of the accused has not been made in the presence of independent witness. The mandatory provision of Section 50 N.D.P.S. Act has not been complied. The applicant is languishing in jail since 24.09.2024. As such, he prays that the accused/applicant be enlarged on bail. 3. Per contra, learned AGA opposed the bail and submits that charge sheet is submitted against the accused-applicant. The vehicle is carrying 30 Ampoule Buprenorphine injection, 300 Tablets of Nitrajepam IP 10 mg, 472 Tablets of PROXYCO-SPAS, 720 Tablests of SPAS-ROXY. The aforesaid contraband is above commercial quantity. The FSL report reveals that the recovered contraband is containing Buprenorphine. 4. Taken into consideration the rival submissions made by the parties and perused the record. 5. It is settled position of law that bail is the rule and committal to jail is an exception as propounded in the case of State of Rajasthan Vs. Balchand @ Baliay (1977) 4 SCC 308, the Apex Court observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution and opined para 2 "The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like, by the petitioner who seeks enlargement on bail from the court. We do. We do. not intend to be exhaustive but only illustrative." and considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Gudikanti Narasimhulu And Ors vs Public Prosecutor, High Court Of Andhra Pradesh, (1928) 1 SCC 24 larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. 6. In the case of Mohd. Muslim alias Hussain Vs. State (NCT of Delhi) [(2023) 18 SCC 166] the Apex Court observed and held that the rigour under Section 37 of N.D.P.S. Act would not come in the way, when the Court deals with the liberty of a person, as more the rigour, quicker ought to be the adjudication. 7. The perusal of the records reveals that the alleged recovery of 30 Ampoule Buprenorphine injection, 300 Tablets of Nitrajepam IP 10 mg, 472 Tablets of PROXYCO-SPAS, 720 Tablests of SPAS-ROXY is made in the absence of independent witness. The police party has apprehended the accused on the basis of tip off, when he was trying to slip to Nepal on motorcycle with contraband. The provisions of Sections of N.D.P.S. Act is subject to adjudication in trial, which is pending. The applicant is languishing in jail since 24.09.2024. Without touching the merit of the case, this bail application is allowed. 8. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 14.7.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad