HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4309 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, Shri Vaibhav Saxena, learned Advocate holding brief of Shri S M Singh Royekwar learned counsel for CBN Lucknow. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 02/2025, under Sections 8/21/29 NDPS Act, 1985, Police Station CBN, District Lucknow. The aforesaid case was registered on the basis of a recovery memo dated 04.04.2025, which records that a team of officials from the Central Narcotics Bureau detained two persons on suspicion of possessing illicit narcotic substances from Hotel Regal Palace, Safedabad, Barabanki. Both individuals were subsequently taken to the District Opium Office, Barabanki, where they were searched by a Sub-Inspector. During the search, 395 grams of morphine (along with the polythene in which it was packed) was allegedly recovered from a bag being carried by the applicant. Submission of learned counsel for the applicant is that the alleged recovery of 395 grams of morphine was made from the possession of co-accused Mahendra Kumar Yadav and not from the applicant. It is further submitted that co-accused Mahendra Kumar Yadav has already been granted bail by a Coordinate Bench of this Court vide order dated 06.10.2025 passed in Criminal Misc. Bail Application No. 8044 of 2025. Versus Counsel for Applicant(s) : Anil Kumar Pandey Counsel for Opposite Party(s) : S M Singh Royekwar Amrendra Kumar Singh .....Applicant(s) Union Of India Thru. Inspector Central Bureau Of Narcotics Lko. .....Opposite Party(s) It has been further submitted that the applicant was not arrested from the spot, and nothing incriminating was recovered from his possession. The applicant has duly explained his criminal history relating to one case, as mentioned in paragraph 23 of the bail application. It is further submitted that he has no previous involvement in any case under the NDPS Act. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned counsel appearing on behalf of the Central Bureau of Narcotics, Lucknow, has opposed the prayer for bail. Perused the record. Since the applicant was not apprehended from the spot and has no criminal antecedents of NDPS case, there appears to be no likelihood of his being held guilty or of his committing any offence under the NDPS Act. Considering the observations made hereinabove, the twin conditions under Section 37(1)(b) of the NDPS Act appear to have been satisfied and taking into account the fact that co-accused Mahendra Kumar Yadav, from whose possession the recovery was made, has been granted bail, and the applicant is in custody since 04.04.2025, this Court finds it to be a fit case for enlarging the applicant on bail. In view of the above, the bail application of the applicant is allowed. Let the applicant, Amrendra Kumar Singh, involved in Case Crime No. 02/2025, U/s:- 8/21/29 N.D.P.S. Act. Police Station/Challani-C.B.N, District- Lucknow, 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, BAIL No. 4309 of 2025 2 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 under Section 229-A of the Indian Penal Code (Now Section 269 of BNS). (vi) 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. (now Section 84 BNSS) 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 (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. October 29, 2025 R.C. BAIL No. 4309 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench