Neutral Citation No. - 2025:AHC:121791 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4825 of 2025 Applicant :- Deepak Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra,Surendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Anil Kumar-X,J. 1. This application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.0059 of 2025 under Section 21/22 of N.D.P.S. Act, 1985, Police Station- Highway District Mathura during the pendency of the trial before the court below. 2. Brief version of the first information report was that the accused was stopped by the police and an amount of 231 gms. of alprazolam was recovered from him. 3. Learned counsel for the applicant has submitted that mandatory provisions of the NDPS Act have not been complied with at the time of his arrest and no Magistrate was present at that time when samples were collected. Even the sampling was done on the spot which has been strictly restrained by the judgments of the Supreme Court in Union of India vs. Mohanlal and Anr. reported in (2016) 3 SCC 379 and Yusuf @ Asif vs. State reported in AIR 2023 SC 5041. It is also contended that the applicant is an innocent person, who has been falsely implicated in the case by the police, and that he has no previous criminal history. It is urged that the applicant deserves to be enlarged on bail in the present case. 4. Shri Umesh Kumar Singh, learned AGA has resisted the arguments and has stated that this is a case of chance recovery and there was no occasion for the police officials to make search and seizure in presence of an Executive Magistrate. Therefore, the grounds raised by the applicant that mandatory provisions of NDPS Act were not complied with are of no help for him. Accordingly, his bail application is liable to be rejected. 5. Heard learned counsel for the parties and perused the records. 6. It has been admitted by the learned counsel for the parties that the applicant is in jail since 21.1.2025 and a commercial quantity of alprazolam has been recovered from him. Without expressing any opinion on merits of the case, the bail application is allowed. 7. Let the applicant-Deepak Kumar s/o Pappu Singh, be released on bail in aforesaid case crime on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned with the following conditions that :- (i). The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii). The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii). The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 24.7.2025 SK Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad