Neutral Citation No. - 2025:AHC:110514 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5516 of 2025 Applicant :- Mandeep Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhan Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant- accused Mandeep for the offence punishable under Sections 8/15 of N.D.P.S. Act, 1985 and Section 318(4) of B.N.S. in Case Crime No. 166 of 2024, Police Station- Kunwargaon, District-Budaun. 2.Mr. Chandra Bhan Kushwaha, learned advocate, appears on behalf of applicant and submits that the accused-applicant has been falsely implicated in the present case, wherein white Creta Car bearing No. HR51 BT2076 has been seized by the police party. The driver of the vehicle has sprinted off when the vehicle was stuck in mud. On search of the vehicle 14 bags containing Doda Chilka weighted 144.1 kgs. has been recovered. The FIR has been registered against anonymous person. On inquiry from the owner of the vehicle the name of accused-applicant has been figured out and accordingly accused-applicant has been arrested. It is further submitted that the accused is falsely implicated in the present case. There is no independent witness during search of the vehicle. The accused is arrested from the spot. The contraband (Doda Chilka) is implanted. 3. Per contra, learned AGA opposed the bail and submits that charge sheet is submitted against the accused-applicant. The vehicle is carrying 144.1 kgs. of Doda Chilka. The accused- applicant has admittedly the driver of the vehicle. 4. Taken into consideration the rival submissions made by the parties and perused the record. 5. It is settled position of law that bail is the rule and committal to jail is an exception as propounded in the case of State of Rajasthan Vs. Balchand @ Baliay (1977) 4 SCC 308, the Apex Court observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution and opined para 2 "The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like, by the petitioner who seeks enlargement on bail from the court. We do. We do. not intend to be exhaustive but only illustrative." and considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Gudikanti Narasimhulu And Ors vs Public Prosecutor, High Court Of Andhra Pradesh, (1928) 1 SCC 24 larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. 6. In the case of Mohd. Muslim alias Hussain Vs. State (NCT of Delhi) [(2023) 18 SCC 166] the Apex Court observed and held that the rigour under Section 37 of N.D.P.S. Act would not come in the way, when the Court deals with the liberty of a person, as more the rigour, quicker ought to be the adjudication. 7. The perusal of the records reveals that the alleged recovery of Creta Car and the contraband was in the absence of independent witness. The name of the accused is gathered from the statement of owner of the Car. The charge sheet has been submitted. The trial is continuing. The accused applicant is in jail since August 2024. Without touching the merit of the case, this bail application is allowed. 8. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 10.7.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad