HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9380 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Farooq Ayoob, the learned counsel for the applicant as well as Sri Mayank Sinha, 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.431/2025, under Sections 8/21/29/60 NDPS Act, registered at Police Station- Safdarganj, District- Barabanki. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 04.09.2025 against four persons including the applicant stating that on the basis of information received by a mukhbir, police apprehended the applicant and co-accused Faizu Rahman while they were standing near a motorcycle. Both of them confessed having a narcotic substance Morphine. 4. Co-accused Faizu Rahman stated that the Morphine was given to him by co-accused Ataullah on the instruction of co-accused Akeel stating that it has to be handed over to the applicant. 385g of Morphine was recovered from Faizu Rahman and 415g was recovered from the applicant and the applicant told that the substance has been handed over to him by co- accused Faizu Rahman. 5. 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 and he has no criminal history. Versus Counsel for Applicant(s) : Farooq Ayoob, Mansi Gupta Counsel for Opposite Party(s) : G.A. Jafar Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) 6. Supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of the FSL report and a copy of the relevant extract of case diary which show that only two samples were drawn from the two bags containing the substance and samples have not been drawn in duplicates. Further, the samples were received by the Forensic Science Laboratory on 10.09.2025. The recovery of samples is stated to have been conducted in presence of a Circle Officer with Police but recovery memo does not contain his signature. 7. The learned counsel for the applicant has further submitted that the samples have not been drawn in accordance with the mandatory provisions contained in Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022. 8. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and investigation in the present matter is still going on. 9. Having considered the aforesaid submissions 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Jafar Ali 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 26, 2025/V. Sinha BAIL No. 9380 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench