HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9617 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 0126 of 2025, under Section 8/20 of The Narcotic Drugs and Psychotropic Substances Act, Police Station- Deeh, District- Raebareli. 3. While pressing the instant application, learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present case. 4. It is stated that the applicant has been implicated in the case related to the offence indicated under Section 8/20 of NDPS Act lodged by a Police Officer of Police Station-Deeh, District-Raebareli by lodging an F.I.R No.126 on 02.06.2025 and in this implication is only to win laurels of the higher officials of the administration. 5. It is further stated that prior to the F.I.R in issue in connection with the applicant is in jail, the applicant was implicated in Case Crime Nos. 22 of 2024, under Section 8/20 of NDPS Act, P.S-Deeh, District- Raebareli, 391/202120 of 2024 under Section 8/20 of NDPS Act, P.S- Deeh, District-Raebareli, 426 of 2022, under Section 8/20 of NDPS Act, P.S-Deeh, District-Raebareli, 489 of 2021, under Section 3/25 of Arms Act, P.S-Deeh, District-Raebareli, 490 of 2021, under Section 8/20 of NDPS Act P.S-Deeh, District-Raebareli, 441of 2018, under Versus Counsel for Applicant(s) : Ashutosh Kumar Shukla Counsel for Opposite Party(s) : G.A. Man Singh @ Baba Mahakal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Section 8(B)/20 of NDPS Act, P.S-Deeh, District-Raebareli and 587 of 2020, under Section 8(B)/20 of NDPS Act, P.S-Deeh, District- Raebareli and in these cases, the applicant has already been enlarged on bail by the competent court of this jurisdiction. As would appears from the bail orders annexed as Annexure Nos.3 to 8 of the affidavit filed in support of the bail application. 6. It is further submitted that the procedure as prescribed under the 11 provisions of the N.D.P.S Act related to search and seizure and taking sample was not followed by the concerned police officer. Though, it has been alleged that procedure was followed. However, this aspect of the case is subject to the evidence adduced by the parties before the trial court. 7. It is further stated that prosecution till date has failed to produce evidence in the other cases, in which the applicant was implicated and the cases are pending consideration. 8. Further submission is that in the instant case, the FSL report has not been produced before the Court, which could prove the case and the trial court is not proceeding. 9. It is also stated that 'Ganga' recovered i.e. 1Kg 700gms is much below the commercial quantity indicated in the N.D.P.S. Act i.e 20 Kg. 10. It is submitted that considering the aforesaid facts and circumstances of the case, the applicant is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. In these circumstances of the case, the applicant is entitled to be released on bail. 11. Learned A.G.A. opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel. 12. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents, as per the order dated 05.06.2024 passed in Criminal Misc. Bail Application No. 3604 of 2024, wherein this Court in para 38 observed that, "I am of BAIL No. 9617 of 2025 2 the considered view that the restrictions contained in Section 37 of the NDPS Act were meant to be applicable to Courts other than the Constitutional Courts and in view of the provision contained in Section 36-A (3) of NDPS Act, those restrictions do not apply to the Constitutional Courts" and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly allowed. 13. 13. Let the applicant- Man Singh @ Baba Mahakal be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 14. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. BAIL No. 9617 of 2025 3 15. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. . (Saurabh Lavania,J.) October 9, 2025 Preeti BAIL No. 9617 of 2025 4 Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench