HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8877 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Furkan Pathan, learned counsel for the applicant, Shri Angad Kumar Vishwakarma, learned A.G.A. 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.0111 of 2025, under Sections 8/21 N.D.P.S. Act, registered at Police Station Konhdaur, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.07.2025 by the S.H.O. against three persons, including the applicant, stating that a 4 wheeler vehicle was intercepted during routine checking in which 7 accused persons were traveling. The accused persons were carrying smack. Search of the accused persons was carried out under the orders of the Circle Officer in his presence. 42 gm. smack (along with the packing material) was recovered from the applicant. 4. The F.I.R. states that sample of the substance recovered was drawn on the spot. 5. In the affidavit filed in support of the 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. 6. Two co-accused persons- Mohd. Ibran and Mohd. Tariq have been granted bail by means of orders dated 09.09.2025 and 09.09.2025 passed by this Court in Crl. Misc. Bail Application Nos.8451 of 2025 and 8444 of 2025. 6. Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 25.08.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged recovery has not been made in the presence of any independent witness or in presence of any Magistrate / Versus Counsel for Applicant(s) : Furkan Pathan, Farman Rashid Counsel for Opposite Party(s) : G.A. Sarfaraz Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Ndps .....Opposite Party(s) independent Gazetted Officer; that the sample have not been drawn in accordance with the procedures laid down in N.D.P.S. Act and Central Government Rules and that the applicant is languishing in jail since 18.07.2025 whereas the investigation already stands concluded, 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 - Sarfaraz Ahmad 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. September 17, 2025 -Amit K- BAIL No. 8877 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench