HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8743 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Dharmendra Kumar Trivedi, learned counsel for the applicant, Sri Angad Kumar Viswakarma, learned Additional Government Advocate 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.137 of 2025, under Sections 8/21 N.D.P.S. Act, registered at Police Station Jais, District Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by Sub Inspector of Police on 31.07.2025 stating that the police apprehended the applicant on the basis of suspicion and 40 grams smack was recovered from the pocket of lower worn by him. F.I.R. states that 5 grams smack was taken out as sample on the spot. 4. In the affidavit filed in support of 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 two other criminal cases has been disclosed in para 19 of the affidavit filed in support of the bail application, one of which is related to theft of one sack full of wheat in which the applicant has been sentenced with fine of Rs.500/- and in the other case the applicant has been granted bail by the Sessions Judge. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted Versus Counsel for Applicant(s) : Dharmendra Kumar Trivedi Counsel for Opposite Party(s) : G.A. Sunil .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. .....Opposite Party(s) that the allegations have been established during investigation and a charge sheet has been submitted on 21.08.2025. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged recovery has not been witnessed by any independent person; that as per the F.I.R. version sample has not been drawn in accordance with the mandatory provision of law in duplicate and in presence of a Magistrate; that the applicant is languishing in jail since 31.07.2025 and the investigation already stands concluded 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-Sunil 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 12, 2025 Ram. BAIL No. 8743 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench