Neutral Citation No. - 2025:AHC:86083 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4791 of 2025 Applicant :- Nawab Haider Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State and also perused the material placed on record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No. 499 of 2024, under Section 8/20 of NDPS Act, Police Station Kotwali Mandi, District Saharanpur, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submitted that according to prosecution version, the applicant was arrested by police on 29.12.2024 at around 2:00 pm and from the polythene bag, hanging on the handle of the motorcycle, 150 gm of illegal charas was recovered. The police failed to produced any authority, who possessed the said contraband. Even the motorcycle recovered from the possession of the petitioner was not displaying any number plate. He next submitted that no independent witness has been produced by the prosecution. He further submitted that accused has falsely been implicated in the case and contraband recovered from the possession of the accused applicant is of intermediate quantity, and far less than commercial quantity, which is 1Kg. Therefore, there is no statutory embargo on the grant of bail to the applicant. 4. Learned counsel for the applicant lastly submitted that accused applicant has attributed criminal history of fifteen cases and in those cases, applicant has been granted bail. The same has been explained through supplementary affidavit dated 10.03.2025. The accused applicant is in jail since 29.12.2024. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 5. Per contra, leaned A.G.A. opposed the prayer for bail and submitted that applicant has large number of criminal antecedent and there is apprehension of his fleeing away from the course of justice, in case of granted bail, but he does not dispute the submissions of learned counsel for the applicant, which are based on record. 6. 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. 7. Let the applicant- Nawab Haider, 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 21.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad