Neutral Citation No. - 2025:AHC-LKO:7156 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13045 of 2024 Applicant :- Chandu Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Dinesh Kr. Sharma,Arshad Hafeez Khan Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Chandu) is languishing in jail since 08.10.2024 in Case Crime No.893 of 2024, under Sections 8/21 of U.P. Narcotics Drugs and Psychotropic Substances Act, 1985 (in short N.D.P.S. Act), Police Station-Kotwali Nagar, District-Barabanki. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story. 4. As per the prosecution story narrated in the First Information Report (in short F.I.R.), the allegation has been levelled against six persons including the present applicant. Further, 250 gms. Smack has been allegedly recovered from possession of the applicant. The aforesaid recovered quantity is below the commercial quantity. On the basis of the aforesaid arrest, he has been implicated in two more cases, as recital thereof has been indicated in para-15 of the bail application annexing therewith the bail orders. 5. Learned counsel for the applicant has stated that at the time of seizure and arrest there was no independent public witness and the mandatory compliance of Section 50 N.D.P.S. Act has been followed. He has further submitted that the investigation is pending. The cases shown against the present applicant, he has been granted bail as the bail orders have been annexed as Annexure No.2 with the bail application. Further a similarly placed co-accused person has been granted bail by this Court in Criminal Misc. Bail Application No. 12390 of 2024 vide order dated 02.12.2024. 6. Learned counsel for the applicant has undertaken that the applicant shall not misuse the liberty of bail, if so granted by this Court and there is no apprehension of absconding and he shall abide by all terms and conditions of the bail order and shall cooperate with the investigation/ trial proceedings properly. 7. Learned Additional Government Advocate has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant. 8. Considering the fact that the recovery of contraband goods is below commercial quantity and in the cases shown in the criminal history against the present applicant, he has been granted bail by the learned court below (Annexure No.2), a similarly placed co-accused person has been granted bail by this Court in Criminal Misc. Bail Application No. 12390 of 2024 vide order dated 02.12.2024 and considering his undertaking that he shall cooperate with the investigation / trial proceedings and shall abide all terms and conditions of bail order, without entering into merits of the issue, I am of the opinion that the present applicant may be released on bail. 9. Accordingly, the instant bail application is allowed. 10. Let the applicant (Chandu) be released on bail in the aforesaid case crime number on her furnishing a personal bond and two sureties of Rs.1,00,000/- each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) Out of two surety, one surety should be of U.P. and that shall be verified carefully. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Investigating Agency/ trial court on each date fixed, either personally or through his counsel. In case of her absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicant shall not leave the country without prior permission of the Court. Order Date :- 4.2.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench