HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34161 of 2025 Court No. - 26 HON'BLE SHREE PRAKASH SINGH, J. 1. The present matter has been taken up through Video Conferencing from Lucknow. 2. Heard learned counsel for the applicant, Shri Nitesh Kumar Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. The present bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in S.T. No.91 of 2022, Case Crime No.243 of 2021, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, Police Station Nagal, District Saharanpur. 4. It is contended by learned counsel for the applicant that he is innocent and has been falsely implicated. He submitted that an FIR was lodged showing the recovery of contraband substance of 510 grams of charas from the possession of the applicant which is below the commercial quantity and when the applicant was sent to jail, he moved bail application bearing Criminal Misc. Bail Application No.2194 of 2022, wherein the applicant was granted bail, vide order dated 03.02.2022. He submitted that after the applicant was released on bail, he went to another city for a job and due to certain misconception with the counsel, he has failed to note the dates of appearance and that is why, on 17.01.2024, a non-bailable warrant was issued and, in furtherance thereof, he has been arrested. He submitted that there are five cases criminal history, which have been explained, but those does not pertains to the offenses under the NDPS Act. He submitted that non-appearance before the trial court is not deliberate but that is due to the Versus Counsel for Applicant(s) : A.Z.Khan Counsel for Opposite Party(s) : G.A. Meharban .....Applicant(s) State of U.P. .....Opposite Party(s) circumstances explained in the affidavit in support of the bail application. He submitted that the applicant undertakes that he will remain present on each and every date fixed before the trial court and will never abscond from the trial proceedings and he has been in jail since 10.08.2025. Thus, submission is that he may be released on bail. 5. Per contra, learned A.G.A. opposed the prayer of bail and submits that applicant was involved in committing the aforesaid offence as contraband substance i.e. charas, has been recovered from his possession and, as such, the applicant is not entitled to be released on bail. 6. From perusal of the affidavit in support of the application, it is apparent that the applicant was granted bail on 03.02.2022 and the allegation against the applicant was for the recovery of contraband substance i.e. 510 grams of charas, which is below than the commercial quantity. The criminal history has been explained, in paragraph 11. It has been mentioned that on one date i.e. on 17.01.2024, the applicant has failed to appear before the trial court and the non-bailable warrant has been issued and he has been sent to jail. He has undertaken that he will remain present on each and every date fixed before the trial court and would never abscond in the future. 7. Considering the submissions of learned counsel for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. 8. Let the applicant- Meharban, involved in the aforementioned crime 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek BAIL No. 34161 of 2025 2 any adjournment on the dates fixed for evidence when the witnesses are present in court. He 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; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. 9. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. 10. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. 11. The applicant is directed to remain present before the learned trial court on each and every date fixed, and he will not remain absent, without an application, written in writing, with the cogent reasons, mentioned therein, failing which, the trial court would have liberty to proceed in accordance with law. October 14, 2025 Mohd. Sharif BAIL No. 34161 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad