HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27815 of 2025 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Jitendra Kumar Yadav, learned counsel for the applicant, and Shri Ashish Kumar Tripathi, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer to release him on bail in Case Crime No. 176 of 2025, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Friends Colony, District Etawah, during pendency of the trial. 3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further submitted that 34.500 Kg of ganja is said to have been recovered from the possession of the applicant and co-accused is said to have fled away from the place of occurrence. It is further submitted that contents of the two sacks were weighed separately, and subsequently, the contents of both sacks were combined and weighed together. It is further submitted that the mandatory provisions of Sections 50 and 52-A of N.D.P.S. Act have not been complied with. The applicant is languishing in jail since 08.07.2025 and the applicant is having no previous criminal history relating to NDPS Act, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the Versus Counsel for Applicant(s) : Abhay Raj, Anurag Shrivastava, Jitendra Kumar Yadav, Pankaj Kumar Mishra, Ray Sahab Yadav, Sanjay Mishra Counsel for Opposite Party(s) : G.A. Jitendra @ Jitu .....Applicant(s) State of U.P. .....Opposite Party(s) wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant. 5. As per allegations in the first information report, 34.500 Kg of ganja is said to have been recovered from the possession of the applicant and co- accused is said to have fled away from the place of occurrence. It is further submitted that the contents of the two sacks were mite weighed separately, and subsequently, the contents of both sacks were combined and weighed together. It is further submitted that the mandatory provisions of Sections 50 and 52-A of N.D.P.S. Act have not been complied with. The applicant is languishing in jail since 08.07.2025 and the applicant is having no previous criminal history relating to NDPS Act. 6. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 37 of N.D.P.S. Act and the law laid down in the case of Union of India vs Shiv Shanker Kesari (2007) 7 SCC 798 without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. 7. Let the applicant- Jitendra @ Jitu involved in the aforesaid case crime shall be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned :- (i) 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 to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) 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) BAIL No. 27815 of 2025 2 recording of statement under Section 351 of B.N.S.S. (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 the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. April 20, 2026 RKM BAIL No. 27815 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad