Neutral Citation No. - 2025:AHC:88385 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5440 of 2025 Applicant :- Prateek Alias Bunty Opposite Party :- State of U.P. Counsel for Applicant :- Abhinav Singh,Ajai Kumar,Ajeet Dixit,Arvind Singh,Chandrabhan Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 0371 of 2024, under sections 8/21/29 of N.D.P.S. Act, Police Station Robertsganj, District Sonbhadra during pendency of the trial. 3. Learned counsel for the applicant has submitted that applicant is innocent person and has been falsely implicated in the present case and he is in jail since 4.12.23024. He next submitted that according to the prosecution version, the police team headed by S.H.O. Satendra Kumar Rai, Police Station Robertsganj, District Sonbhadra, arrested five accused persons on 19.05.2024 at around 17:05 hours and also recovered 102 g.m. heroin from the possession of the applicant and other co-accused persons. The name of applicant surfaced in the confessional statement of co- accused Sangeeta @ Vimal Kannaujiya, who has stated that these people had provided them contraband herself. He next submitted that accused/applicant is neither arrested on the spot nor any recovery has been made from him. He next submitted that applicant has criminal history of six cases, which has been explained in para-11 and 30 of the supplementary affidavit. It is further submitted that the co-accused persons, namely, Abhishek Kumar @ Nanhak Kannujiya, Sangeeta @ Vimal Kannaujiya, Sangeeta Devi and Babulal Kannaujiya and Raja @ Raj Bharti have already been released on bail by a Co-ordinate Bench of this Court, vide orders dated 31.07.2024, 06.08.2024, 19.09.2024, 24.09.2024 and 12.5.2025 passed in Criminal Misc. Bail Application Nos. 28091 of 2024, 28857 of 2024, 33707 of 2024, 33532 of 2024 and 42567 of 2024. In case, the applicant is released on bail, he will not misuse the liberty of bail, and co- operate in trial. The contraband allegedly recovered is below commercial quantity and no compliance of statutory provision of Section 50 of NDPS Act has been done. 4. Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that the accused applicant has criminal history of six cases, but he does not dispute the fact that the applicant has already been released on bail in those cases. 5. Considering the rival submissions of learned counsel for the applicant and learned A.G.A. and going through the contents of FIR as well as record, it is evident that the alleged contraband is less than commercial quantity. I am of the view that the applicant is entitled to be released on bail. 6. Let the applicant- Prateek Alias Bunty, who is involved in aforementioned case crime 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 subject to following conditions. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (ii) 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 under Section 229-A IPC. (iii) 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., may be issued and if 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. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 23.5.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad