Neutral Citation No. - 2025:AHC-LKO:49317 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7738 of 2025 Applicant :- Mohd. Tufail Opposite Party :- Union Of India Thru. Narcotics Controle Bureau Counsel for Applicant :- Avinash Kumar Srivastava Counsel for Opposite Party :- Akhilesh Kumar Awasthi Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Avinash Kumar Srivastava, learned counsel for the applicant, Shri Akhilesh Kumar Awasthi, learned counsel for the NCB and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.11 of 2025, under Sections 9-A/25-A/29 of NDPS Act, registered at Police Station N.C.B., District Lucknow. 3. The aforesaid case has been registered on the basis of search- cum-seizure memo prepared on 03.06.2025, stating that a person named Sageer alighted from a roadway bus near Itaunja Railway Station and he was carrying a sack. At the same time, the petitioner came their riding motorcycle, he made the co- accused sit on his motorcycle and while he was about to leave, the officers of N.C.B. intercepted them. Upon checking, it was found that 9.70 kg acetic anhydride was kept in the sack being carried by co-accused Sageer. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in another criminal case relating to Arms Act has been disclosed in para 15 of the affidavit, in which he has not been arrested and no charge sheet has been filed till date. 5. Learned counsel for the applicant has submitted that acetic anhydride is not a prohibited substance and it is nearly a controlled substance and the substance had not been recovered from the applicant but from the co-accused Sageer. 6. Learned counsel for the NCB has opposed the bail applicant and he has submitted that the applicant had come to pick-up the person who had come by bus along with the prohibited substance and, therefore, the applicant is also involved in commission of the offence. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the controlled substance was brought by the other co-accused person; the applicant has merely come to pick that person; that the applicant has no previous criminal history regarding the NDPS Act and he is languishing in jail since 03.06.2025, 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 crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Mohd. Tufail 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. Order Date :- 22.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench