HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10847 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 3. In the prosecution case it is alleged that on 12.09.2025, while the police party was busy in routine checking, a car which looked suspicious, was checked and the applicant along with two other persons was apprehended and from the said car, a total amount of 18 kg 760 grams of Ganja was alleged to have been recovered. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant was not the driver of the car and no recovery has been made from the possession of the applicant. The recovered quantity of Ganja i.e. 18 Kg 760 grams is below the commercial quantity. The applicant has previous criminal history of 3 cases which has been explained in paragraph-10 of the bail application as well as in the supplementary affidavit filed today. The applicant is languishing in jail since 13.09.2025. 5. 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. 6. Learned A.G.A. opposed the prayer for bail but could not dispute the Versus Counsel for Applicant(s) : Dev Mani Mishra Counsel for Opposite Party(s) : G.A. Ashutosh Singh Alias Monu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko .....Opposite Party(s) aforesaid facts as argued by the learned counsel for the applicant. 7. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, the fact that the recovered quantity is below commercial quantity, considering the period for which the applicant is in jail i.e. since 13.09.2025; as also the fact that the applicant has explained criminal history of 3 cases in paragraph-10 of the bail application as well as in the supplementary affidavit filed, the fact that chargesheet in the case has been filed and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Ashutosh Singh Alias Monu, involved in Case Crime/FIR No. 332 of 2025, Under Sections- 8/20 N.D.P.S Act, Police Station- Khairabad, District- Sitapur, 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 BAIL No. 10847 of 2025 2 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). 10. 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 DiVYa BAIL No. 10847 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench