HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11965 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.13 of 2025-26 under Section 20(b) and 23(c) of the NDPS Act, 1985, Police Station Air Intelligence Unit, Customs CCSI Airport, Lucknow. Learned counsel for the applicant submits that 1.989 kg of ganja was recovered from the possession of the applicant, allegedly from a trolley bag of the applicant at Amausi Airport, Lucknow. It is further alleged that the applicant was travelling from Bangkok. Learned counsel for the applicant further submits that the recovered quantity is below the commercial quantity. It is also contended that the mandatory provisions under Sections 42 and 50 of the N.D.P.S. Act have not been complied with. It is next submitted that the applicant was coming from an international flight which was coming from Bangkok through the stringent security checks at Bangkok Airport, where no intoxicating material was detected and the trolley bag of the applicant was permitted to be boarded. The prosecution story is improbable. The co-accused Miss Kanchan Shailesh Patil has been granted bail vide roder dated 15.11.2025 passed in Bail No.11073 of 2025. It is also submitted that there is no likelihood of the applicant absconding or tampering with the prosecution witnesses. It is assured that in case the applicant is enlarged on bail, he shall not misuse the liberty so granted. Versus Counsel for Applicant(s) : Rajendra Pratap Singh, Jyoti Singh, Rudra Pratap Singh Counsel for Opposite Party(s) : Kuldeepak Nag (K.D.Nag) Arbaz Akhtar Bhangaria .....Applicant(s) The Union Of India Thru. Air Commissioner Custom Vibhuti Khand Gomti Nagar Lko. .....Opposite Party(s) Shri K.D. Nag, learned counsel appearing for Airport Customs has opposed the bail application and submitted that the applicant is a resident of Maharashtra, and there is a strong apprehension that he may not cooperate in the trial. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the fact that the alleged recovery of 1.989kg ganja is much below the 'commercial quantity' which is 20 kg, he has no criminal antecedents; the mandatory provisions of the N.D.P.S. Act do not appear to have been complied with; the applicant undertakes to cooperate in the trial; bail order of the co-accused Miss Kanchan Shailesh Patil who has been arrested along with the applicant, and he is in jail since 17.09.2025, 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.. Accordingly, the bail application is allowed. Accordingly, the bail application is allowed. Let the applicant Arbaz Akhtar Bhangaria, be released on bail in the aforesaid case crime number, subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, with the following conditions: (i) The applicant shall not tamper with the evidence during the trial. (ii) The applicant shall not pressurize or intimidate the prosecution witnesses. (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 such person from disclosing those 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 to the trial court to treat it as an abuse of the 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 under Section 229-A IPC (now Section 269 BNS). (vi) In case the applicant misuses the liberty of bail during trial and, in order to secure his presence, a proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued, and if 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 BAIL No. 11965 of 2025 2 (now Section 209 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. December 5, 2025 kkb/ BAIL No. 11965 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench