Neutral Citation No. - 2025:AHC:90815 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3928 of 2025 Applicant :- Ashok Alias Golu Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Tiwari,Adarsh Srivastava,Ram Krishna Shukla,Reena Pal Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. This bail application has been given by the accused applicant Ashok Alias Golu in Case Crime No. 562 of 2023, under Section 8/22 of N.D.P.S. Act, P.S.- Loni Border, District Ghaziabad. According to FIR version, police team headed by SI Devendra Singh arrested the accused applicant on 30.9.2023 at 19:04 hours and recovered 130 gm alprazolam powder on personal search which was kept in plastic bags. Learned counsel for the applicant submitted that the accused applicant has been falsely implicated in this case. The applicant is in jail since 8.11.2023. Trial is not likely to be concluded in near future and no custodial interrogation is required at present. No previous criminal history has been attributed to the applicant. Infact, he was going to house in the evening on the date of incident when he reached at police station, police personnel stopped him and demanded some money by leveling charge of smocking in public place near police station which resulted in some altercation and then he was lodged at the police station and from there he was subsequently challaned in present case; the contraband is slightly more than commercial quantity. He further submitted that mandatory provision of section 50 of NDPS Act has not been complied with in the present case. It is submitted that provisions of Narcotics Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 are not observed while affecting search, seizure and sampling in the case by the police party and the entire exercise is in violation of said Rules, which deficiency on the part of police also makes the applicant entitled to liberty of bail. Learned A.G.A. has vehemently opposed the prayer of bail and submitted that quantity of contraband recovered from the possession of the applicant slightly exceed commercial quantity. Having heard the submission of learned counsel of both sides, considering the fact of the case and without commenting on the merits of the case, I find it to be a fit case for bail. Let applicant be released on bail in aforesaid case crime on his 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 will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. Order Date :- 27.5.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad