Neutral Citation No. - 2025:AHC-LKO:41065 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13305 of 2024 Applicant :- Jashwant @ Boby Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dilip Kumar Singh Chauhan,Akshay Singh,Arshad Siddiqui,Devanshu Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. In the prosecution case, it is alleged that upon personal search of the applicant, 100 gms of illegal morphine was recovered from his possession. Learned counsel for the applicant submits that the alleged recovery is false and planted. There is no public witness to the said recovery. There appears to be no compliance of Section 50 of N.D.P.S. Act as the Gazetted Officer was not present at the time of personal search of the applicant. The said recovered article is below the commercial quantity. It is further submitted that the applicant has explained the criminal history of 14 cases in the supplementary affidavit and he is languishing in jail since 6.4.2024. There is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail of the applicant. Considering the facts and circumstances of the case, the nature of allegations, arguments advanced by learned counsel for the parties so also the fact that there appears to be no compliance of Section 50 of the N.D.P.S Act as the Gazetted Officer was not present at the time of personal search of the applicant; the alleged contraband substance recovered from the applicant is below the commercial quantity; he has duly explained the criminal history in the supplementary affidavit; he is languishing in jail since 6.4.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Jashwant @ Boby involved in Case Crime No. 165 of 2024, under Sections 8/21 of N.D.P.S. Act, P.S. Satrikh, District Barabanki, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) 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. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. Order Date :- 17.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench