HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11042 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that from a bag tied to the applicant’s motorcycle, 5 kilograms and 100 grams of posta dana were recovered. Learned counsel for the applicant submits that the recovered quantity is much below the commercial quantity and the applicant has been falsely implicated in the case. It is further submitted that there has been no compliance with Section 50 of the NDPS Act and the sampling was not carried out in accordance with law. The charge sheet has already been filed in the matter. The applicant undertakes to cooperate in the trial and has duly explained his criminal history of two cases in paragraph 15 of the bail application. He is languishing in jail since 20.09.2025. 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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Learned A.G.A. has opposed the prayer for bail. Versus Counsel for Applicant(s) : Rajesh Kumar Singh, Shailesh Kumar Singh Counsel for Opposite Party(s) : G.A. Aditya Sonkar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Considering that the recovered quantity is below the commercial quantity, the applicant has explained his criminal history of two cases, and he is in custody since 20.09.2025, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Aditya Sonkar involved in Case Crime no.- 254 of 2025, U/s-8/15 N.D.P.S. Act, Police Station- Dalmau, District- Raebareli, 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, 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 in accordance with law. (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. November 13, 2025 R.C. BAIL No. 11042 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench