HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9410 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and Shri Anurag Verma, learned AGA for the State. In the prosecution case, it is alleged that the accused was involved in the business of Methamphetamine (hereinafter referred to as MD). While he was in jail, he was taken out of the lockup for interrogation, during which he allegedly confessed to smuggling activities with co-accused Lavi Shankar Mishra and admitted his involvement in supplying MD. On the basis of his confessional statement and at his pointing out, 34.10 grams of MD along with its wrapper was allegedly recovered. It is further stated that the recovery was made in the presence of the Circle Officer, Patti. Submission of learned counsel for the applicant is that the alleged recovery of 34.10 grams of MD based on the applicant’s pointing out is entirely false. At the relevant time, the applicant was in jail and was taken out on police remand. He has no previous criminal history under the NDPS Act. It is asserted that he has been falsely implicated. It is further submitted that commercial quantity under the Act is above 50 grams, whereas the quantity recovered is below the commercial limit. There is no compliance of Sections 50 and 42 of the NDPS Act. The incident appears highly improbable, as the applicant was already in jail and he has been taken on remand and the alleged recovery of 34 grams of MD was Versus Counsel for Applicant(s) : Sheo Prakash Singh, Bal Keshwar Srivastava Counsel for Opposite Party(s) : G.A. Sushil Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Crime And Investigation Deptt. Lko. .....Opposite Party(s) made on his pointing out. It is also argued that the recovery memo itself bears no signatures of Circle Officer, despite the claim that the search was conducted in the presence of the Circle Officer. The applicant has explained his criminal antecedents of five cases in paragraph 26 of the bail application. He is in jail since 26.07.2025, although his remand in the present case was taken on 21.08.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application, submitting that the substance recovered is a rare drug and the applicant is connected with the co-accused through call detail records. However, he does not dispute that the recovered quantity is below commercial quantity and the recovery was made while the applicant was on remand. It is also submitted that the FSL report corroborates the prosecution case. Considering that the alleged recovery was shown at the pointing out of the applicant while he was on remand; the absence of any prior criminal antecedent under the NDPS Act; the recovery being below commercial quantity; and the fact that the applicant is in custody since 31.08.2025, I am of the view that this is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant, Sushil Singh, involved in Case Crime No-243/2025, U/S- 8/21 N.D.P.S. Act 1985, Police Station - Kotwali Patti, District- Pratapgarh, be released on bail in the aforementioned 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 BAIL No. 9410 of 2025 2 Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. 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. November 17, 2025 R.C. BAIL No. 9410 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench