Neutral Citation No. - 2025:AHC:50166 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4849 of 2025 Applicant :- Jane Alam Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Ashutosh Mishra, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 423 of 2024, under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Alapur, District Budaun during the pendency of the trial before the court below. It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this very case for ulterior motive. The bail application of the applicant was rejected by the Additional District & Sessions Judge/FTC Judge, District Budaun vide order dated 16.01.2025 and the applicant is languishing in jail since 28.09.2024. It has been argued by learned counsel for the applicant that as per the allegations set out in the FIR giving rise to the aforementioned case crime number the following article is alleged to have been recovered from the applicant and co-accused Kurshid Alam i.e. father of the applicant. (1) 4 Kg 290 Gm of Opium Solution (Afeem Ka Ghol), (2) 7 Kg Opium Solution (Afeem Ka Ghol), (3) 1 Kg 800 Gm ready material, (4) 25 Kg 900 Gm Chemical Water Barrel, (5) 1 Kg 500 Gm Transparent Polythene, (6) 7 Kg Ventonet Chemical Powder, (7) 420 Gm ready Smack (in Polythene), (8) 12 Kg half prepared Smack (Dry), (9) 12 Kg White Soda, (10) 2 Electric Weighing Machine, (11) 2 Buckets, (12) 5 Old clothes and 2 new Clothes, (13) 1 large Polythene, (14) 5 Plastic Container. Besides, a Bolero Car bearing Registration No. UP 16 CN 1819. It has also been argued that the incident is alleged to have taken place on 28.09.2024 and the sample collected was sent only on 07.10.2024 which was duly received by the Forensic Lab on 25.11.2024 and it was reported that some quantity of Opium was found in the third, fifth, seventh and in the eight sample mixture of Heroin was found. It has not been disclosed as to what is the specific quantity of the contraband, which was recovered from the possession of the accused. The Forensic Science Laboratory Report is silent about the quantity sent and received by the Lab. Admittedly, a liquid solution of the contraband was recovered from the possession of the applicant without specifying the exact quantity of the contraband extracted from the solution. The provisions of Section 42, 43, 50, 50(6), 55, 56 and 57 of the NDPS Act have been violated by the respondents. The charge sheet has already been submitted against the applicant on 25.11.2024 and as such the custodial interrogation of the applicant is no longer required. He submits that the applicant has no connection with the aforesaid crime and the main role has been assigned to the co- accused Khurshid Alam. The applicant has no other criminal history to his credit. The applicant shall not misuse the liberty if released on bail and shall extend all cooperation in the trial. Hence prayer for being released on bail has been made. Per contra, learned AGA on the strength of the counter affidavit filed in opposition to the bail plea of the applicant submits that the applicant and the co-accused were caught red handed with heroin, opium aseptic anhydride, sodium carbonate and other incriminating materials. During the course of investigation credible and concrete evidence have been collected which establishes the complicity of the applicant and the co-accused with the crime. The applicant is a man of criminal antecedent and if released on bail most certainly will abscond and tamper with the prosecution witnesses and tamper the fair trial. Accordingly, rejection of the bail plea has been sought. Having heard the learned counsel for the parties and having perused the records, considering the above submissions made by learned counsel for the applicant and taking note of the fact that the applicant has no other criminal antecedents and charge sheet has already been submitted, the Court is of the opinion that it is a fit case to release the applicant on bail. Accordingly, the bail application is allowed. Let the accused-applicant, Jane Alam, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 3.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad