HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8995 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Mr. Anil Kumar Pandey, the learned counsel for the applicant as well as Ms. Kamlesh Kumari, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.219 of 2025 under Sections 8/21 NDPS Act, registered at Police Station- Baldirai, District- Sultanpur. 3. The aforesaid case has been registered on the basis of F.I.R. lodged by Sub-Inspector of Police on 01.08.2025 stating that the applicant was apprehended on the basis of information received from a Mukhbir. He confessed that he was carrying smack whereupon a Circle Officer was called on the spot. The search of the applicant was conducted in presence of a Circle Officer and 268g of smack, packed in a black polythene kept in a cloth bag was recovered from the right side pocket of the pants worn by him. 8 grams smack was taken out on the spot as sample for forensic test. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case. The applicant's involvement in 6 other cases has been disclosed in paragraph no.33 of the affidavit filed in support of the present application and in all 6 cases, he has been granted bail. Versus Counsel for Applicant(s) : Anil Kumar Pandey Counsel for Opposite Party(s) : G.A. Vishwanath Singh @ Babu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) 5. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 30.07.2025. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the averment made in the FIR, the applicant was not given an option of being searched in presence of a Gazetted Officer or a Magistrate; and the sample was not drawn in duplicate coupled with the fact that the applicant is languishing in jail since 01.08.2025 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Vishwanath Singh @ Babu be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 22, 2025 V. Sinha BAIL No. 8995 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench