HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3873 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.42 of 2025, under Sections 8/20 N.D.P.S. Act, registered at Police Station Rupaidiha, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police on 15.02.2025 against two persons, including the applicant stating that on the basis of an information received from a mukhbir two persons riding a motorcycle were intercepted. The motorcycle was being driven by the applicant and other co-accused was sitting on the pillion seat and they confessed carrying illicit charas. Their search was conducted in presence of Circle Officer, Nanpara who was called on the spot and four packets were recovered from inside the t-shirt worn by the applicant and four packets were recovered from the other accused person. From the personal search of the applcant, 2.029kg charas has been recovered. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 26.02.2025. The applicant has a criminal history of seven cases, out of which one is of NDPS Act. Versus Counsel for Applicant(s) : Bal Krishna Shukla, Madhukar Raman Yadav, Suraj Singh Counsel for Opposite Party(s) : G.A. Hawaldar Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s) 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the recovery has not been witnessed by any independent person; that the applicant was not taken to any Magistrate or a gazetted officer, rather the search was conducted in presence of a police officer who himself has came to spot; and he is languishing in jail since 15.02.2025 and the investigation already stands concluded, the order in Vimal Rajput versus State of U.P. passed in Bail No.3604 of 2024 by a coordinate Bench of this court, and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Hawaldar Khan, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. November 3, 2025 kkb/ BAIL No. 3873 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench