HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8291 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Aakash Srivastava, learned counsel for the applicant, Sri S.P. Singh, learned counsel appearing for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.167 of 2023, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Rupaidiha, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police on 11.06.2023 stating that the police has apprehended the applicant while he was carrying a a cloth bag in his hand and 7.300 kilograms charas packed in two packets and kept in the cloth bag was recovered from the applicant. The F.I.R. states that a single sample weighing 25 grams was take out on the spot of recovery. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The learned counsel appearing on behalf of the State has opposed the prayer for bail and he has stated that the allegations have been established during investigation and a charge sheet has been submitted in the trial court and the trial court has taken cognizance of the offence. He has also submitted that the quantity of charas recovered from the applicant exceeds the minimum commercial quantity, and, therefore the applicant is not entitled to be enlarged on Versus Counsel for Applicant(s) : Aakash Srivastava, Manish Kumar Srivastava Counsel for Opposite Party(s): G.A. Raksharam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) bail. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the F.I.R. narration the substance recovered was packed in two separate packets and yet a single sample has been drawn; that the sample has not been drawn from both the packets, it has not been drawn in duplicate and it has not been drawn in presence of a Magistrate coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 11.06.2023 and the investigation already stands concluded, the trial court has taken cognizance of the offences and has framed charges and without making any observation, which may affect the merits of the case, 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Raksharam be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. September 2, 2025 Ram. BAIL No. 8291 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench