HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10949 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State, and perused the record. 2. The present bail application has been filed by the accused- applicant seeking bail in Case Crime No. 461 of 2025, under Section 8/20B/27A/29/60 of the NDPS Act, 1985, Police Station Kotwali Nagar, District Raebareli. 3. In the prosecution case, it is alleged that 2 kg 60 grams of ganja was recovered from the possession of the applicant. From the two other co-accused persons, 3 kg 80 grams and 3 kg 85 grams of ganja respectively were recovered. Thus, a total recovery of 8 kg 225 grams of ganja is said to have been made from the three accused persons collectively. 4. Learned counsel for the applicant submits that the applicant has no criminal antecedents and has been falsely implicated in the present case. It is further submitted that the quantity of the contraband allegedly recovered is below commercial quantity. There is no independent witness to the alleged recovery, nor has any recovery been made from the personal search of the applicant. The alleged recovery has been shown from a car and not from the applicant’s possession. 5. Learned counsel next contends that the quantity of contraband allegedly recovered is below the commercial quantity as prescribed in the Schedule to the NDPS Act. Versus Counsel for Applicant(s) : Dilip Kumar Pandey Counsel for Opposite Party(s) : G.A. Anuj .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. It is also submitted that since the recovered contraband is below the minimum commercial quantity, the stringent conditions of Section 37 of the NDPS Act are not attracted in the present case. 7. It is further submitted that the applicant is in jail since 13.10.2025 and there is no possibility of the applicant fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 8. Learned A.G.A. has opposed the prayer for bail but could not dispute the facts as argued by the learned counsel for the applicant. 9. On due consideration of the arguments advanced, perusal of the record, and the fact that the stringent conditions as contained in Section 37 of the NDPS Act are not attracted in the present case, coupled with the fact that the applicant is in jail since 13.10.2025, the recovered quantity is below the commercial quantity, and the applicant has no previous criminal history in the supplementary affidavit, 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. 10. Accordingly, the bail application is allowed. 11. Let the applicant, Anuj, involved in the aforesaid case crime number, 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 imposed in the interest of justice: (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 him from disclosing such facts to the Court or 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 the liberty of bail BAIL No. 10949 of 2025 2 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 of the Indian Penal Code. (vi) In case the applicant misuses the liberty of bail during trial, and to secure his presence, proclamation under Section 82 Cr.P.C. 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 of the Indian Penal Code. November 11, 2025 Madhu D.R/P.S BAIL No. 10949 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench