HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9768 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. 390 of 2025, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances (N.D.P.S) Act, 1985, Police Station- Bachhrawan, 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 quantity of contraband substance i.e. 'Ganja' alleged to have been recovered from the possession of the applicant is 1.25 Kg. which is much below the commercial quantity i.e. 20 Kg. as indicated in the Schedule appended to N.D.P.S Act, 1985. 5. It is further stated that the applicant and co-accused/Beerendra, from whose possession 1.20 Kg. 'Ganja' was recovered, have been implicated just to win laurels of the higher officials of the administration. It is further stated that till date the FSL report is not available to establish the case before the trial court. It is further submitted that in the instant case procedure prescribed in the Act of 1985 including the Section 42 has not be followed, which would be fatal to the case of prosecution. Versus Counsel for Applicant(s) : Rajesh Kumar Singh, Shailesh Kumar Singh Counsel for Opposite Party(s) : G.A. Suresh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) 6. It is further stated that co-accused/Beerendra has already been enlarged on bail by the court concerned vide order dated 12.09.2025 passed in Bail Application No. 2533 of 2025. It is also stated that criminal history of the applicant has been explained in paragraph 14 of this application, which has not been opposed by learned AGA. 7. It is submitted that considering the aforesaid including the quantity of contraband substance recovered and the fact that co-accused has already been enlarged on bail by the court concerned, the applicant is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail, will cooperate in trial and will not influence the prosecution witnesses. In these circumstances of the case, the applicant is entitled to be released on bail. 8. Learned A.G.A. opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel including that co-accused has already been enlarged on bail by the court concerned. Copy of bail order placed before this Court is taken on record. 9. 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 and also taking note of the fact that the recovery of the contraband substance i.e Ganja (1.25 Kg.) is less than the scheduled commercial quantity and also 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 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", this Court is of the view that the application has substance and it is accordingly allowed. 10. Let the applicant- Suresh 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 :- BAIL No. 9768 of 2025 2 (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. 11. 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. 12. 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. October 10, 2025 Arun/- BAIL No. 9768 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench