Neutral Citation No. - 2025:AHC:94040 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5170 of 2025 Applicant :- Mumtiyaz And Another Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicants, learned A.G.A for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicants in Case Crime No. 10 of 2025, under Section 8/20 of Narcotic Drugs & Psychotropic Substances Act, Police Station- Kunderki, District Moradabad with the prayer to enlarge them on bail. 3. According to prosecution version, police team headed by SI Shyamvir arrested two suspects on 11.1.2025 at around 6:55 am and from their personal search, 1.400 kg Charas was recovered from the applicant Mumtiyaz and 1.200 kg Charas was recovered from accused Abdul Hakim; videography was done on the spot of the entire incident through mobile phone of constable Aakash. Learned counsel for the applicants submitted that applicants are falsely been implicated in the case. Alleged contraband Charas has been planted against the applicants. No public witness has been enjoined in alleged recovery. The applicants are in jail since 12.1.2025. Applicant no. 1 has been assigned no criminal history; applicant no. 2 has been assigned criminal history of six cases which has been duly explained in para-10 of the affidavit filed in support of the bail application and para 2, 3 and 4 of the rejoinder affidavit. The applicant no. 2 has been enlarged on bail in these cases but due to incarceration in jail, copy of bail orders are not procured. The mandatory provisions of sampling and seizure as provided under Section 152 (a) of NDPS Act and NDPS Rules, 2022 are not complied with in the present case and thus due to non compliance of mandatory provisions, the applicants are deserves to be enlarged on bail. There is no probability that on release of bail, repeat the offence of tempering with the evidence. 5. Per contra, learned A.G.A. opposed the prayer for bail and submitted that quantity of contraband recovered from the possession of the applicants is commercial quantity. He contends that the provisions of Section 19(4) of the Act creates a statutory embargo on release of bail. 6. Considering the rival submissions of learned counsel for the parties, period of incarceration of the applicant, which is more than six month, totality of the facts and circumstances of the case and keeping in view the large mandate of Article 21 of the Constitution of India and in the light of observation of Hon'ble Supreme Court in Data Ram Singh Vs. State of U.P., reported in (2018) 2 SCC 22 without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Let the applicants- Mumtiyaz and Abdul Hakeem, who is involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (ii) The applicants 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 them under Section 229-A IPC. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against them, in accordance with law, under Section 174-A IPC. (iv) The applicants shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 30.5.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad