Neutral Citation No. - 2025:AHC-LKO:43384 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6886 of 2025 Applicant :- Surendra Kumar @ Babloo Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashish Shukla,Gaurav Mishra,O.P. Tiwari 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 the accused-applicant seeking bail in FIR/Case Crime No. 83 of 2025, under Sections 8/20 of the NDPS Act and Section 3/25 of the Arms Act, Police Station Gadaganj, District Raebareli. As per the prosecution case, on the pointing out of four accused persons from a Scorpio vehicle, total 10 kilograms of ganja is alleged to have been recovered from the personal search of the applicant. Additionally, two live cartridges of .32 bore and Rs.28,000/- in cash were also recovered. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has criminal history of one case. The applicant is languishing in jail since 12.06.2025. It is further submitted that 10 kilograms of ganja are alleged to have been recovered, however, there is no compliance with the mandatory provisions of Section 50 of the NDPS Act. It is also contended that the recovered quantity falls under the category of "below commercial quantity" as defined under the Schedule appended to the NDPS Act, and hence, the rigours of Section 37 of the Act are not attracted. It is further submitted that co-accused persons namely Mukesh and Sujeet Singh @ Raghavendra Pratap Singh have already been granted bail by this Court vide orders dated 11.07.2025 and 22.7.2025 passed in Criminal Misc. Bail Application No. 6414 of 2025 and Criminal Misc. Bail Application No. 6683 of 2025, and the applicant seeks parity with the said co-accused. Learned A.G.A. has opposed the bail prayer but could not dispute the fact that the case stands on parity. Having considered the rival submissions and upon perusal of the record, this Court finds that the applicant is in jail since 12.06.2025; he has criminal history of one case and to this effect pleading has been made in paragraph 23 of the bail application; the quantity of ganja recovered is below the commercial quantity; there is no independent witness to the alleged recovery; the applicant has also claimed parity with the co-accused Mukesh and Sujeet Singh @ Raghvendra Pratap Singh, who has already been granted bail in a case involving similar recovery; there was non- compliance with the mandatory provisions of Section 50 of the NDPS Act; the rigours of Section 37 of the NDPS Act are not attracted; the period of incarceration, and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for grant of bail. Accordingly, the bail application is Allowed on the ground of parity. Let the applicant Surendra Kumar @ Babloo 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 229-A of the Indian Panel 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 of the Indian Panel Code (now Section 209 BNS). Order Date :- 28.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench