Neutral Citation No. - 2025:AHC:21556 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4826 of 2025 Applicant :- Harish Chandar Alias Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State. 2. By means of this bail application under Section 483 of B.N.S.S., 2023, the applicant, who is involved in Case Crime No. 582 of 2024, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substance Act, P.S. Navabad, District Jhansi, is seeking enlargement on bail during the trial. 3. It is submitted by learned counsel for the applicant that applicant is being prosecuted on account of recovery of 6 Kgs and 82 Grams Ganja from his possession, in fact , nothing has been recovered from the possession of the applicant as alleged by the prosecution. It is further submitted that alleged recovery of 6 Kgs and 82 Grams Ganja is below commercial quantity, therefore, provisions of Section 37 of N.D.P.S. Act is not attracted in this case. The applicant has no criminal history. The applicant is languishing in jail since 13.12.2024 having no criminal history to his credit and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial. 4. Learned Additional Government Advocate for the State opposed the prayer of bail of the applicant but could not dispute the factum of the case as argued on behalf of the applicant. 5. Considering the quantity of Ganja alleged to have been recovered from the possession of the applicant coupled with the fact that Section 37 of N.D.P.S. Act has no application in the present case, I am of the view that the applicant has made out a prima facie case for bail. Hence, the bail application is hereby allowed. 6. Let the applicant-Harish Chandar alias Sumit, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:- (i). The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii). The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii). The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 14.2.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad