HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6183 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Rejoinder affidavit filed today is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A appearing on behalf of the State. 3. The instant application has been filed by the applicant seeking bail in F.I.R./Case Crime No. 121 of 2025, under Sections 8/20, 29/60(3) of N.D.P.S. Act, registered at Police Station- Salon, District- Raebareli. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub-Inspector of Police on 28.03.2025 against four persons, including the applicant, stating that upon an information received from a Mukhbir, the applicant and the co-accused Pankaj Singh were apprehended. One packet kept in the dikki of the motorcycle containing Ganja was recovered from these persons and 69 packets packed in four sacks were recovered from amongst some bushes on their pointing out. The sacks mentioned 8.900 kg, 22.870 kg, 19.400 kg and 9.400 kg. The packet recovered from the motorcycle weighed 1.070 kg. Thus, the total weight of recovered Ganja was 71.640 kg. The F.I.R. states that all the packets were emptied on a tarpaulin and a homogeneous mixture was prepared and thereafter, the substance was again packed in the sacks. The persons arrested stated that the Ganja belonged to the co-accused persons namely Dharmendra Singh and Ravi Singh @ Nankulli. 5. The submission of learned counsel for the applicant is that two persons were apprehended, one was the applicant and another one was Ankit Singh. The co-accused Pankaj Singh @ Vinay Kumar Singh, who was assigned the similar role has been granted bail by the co-ordinate bench of Versus Counsel for Applicant(s) : Dharmendra Kumar Trivedi, Dhirendra Pratap Singh Counsel for Opposite Party(s) : G.A. Ankit Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) this court in Criminal Misc Bail Application No. 8155 of 2025, vide order dated 04.09.2025. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. Apart from the said case, the applicant has a criminal history of one case which has been explained by him in his affidavit filed alongwith the bail application. 7. The learned A.G.A has opposed the prayer for bail and has submitted that the total weight of recovered Ganja was 71.640 kg and the allegations have been established during the investigation and the charge sheet has been submitted on 13.04.2025. 8. In view of the apparent non-compliance with the provisions of Rule 10 of the NDPS Rules, 2022, as the police admittedly prepared a homogeneous mixture of the contents of all the packets before drawing samples, thereby rendering the representative nature of the samples doubtful, this Court is satisfied that there are reasonable grounds for believing that the applicant may not ultimately be found guilty of the alleged offence. Furthermore, considering that the applicant has no criminal history of involvement in any other case under the NDPS Act, this Court is also satisfied that he is not likely to commit any offence while on bail. Accordingly, the twin conditions as contemplated under Section 37(1)(b) of the NDPS Act stand fulfilled. 9. Having considered the aforesaid facts and circumstances of the case and the observation, so also the fact that the applicant has been implicated solely on the basis of the custodial statements of co-accused persons coupled with the fact that the investigation has already been concluded; the applicant is languishing in jail since 28.03.2025; the co-accused, namely, Pankaj Singh @ Vinay Kumar Singh and Ravi Singh @ Nankulli, have been granted bail by this Court, I am of the considered view that these factors, taken cumulatively, are sufficient to make out a case for granting bail to the applicant. 10. In view of the above, the bail application of the applicant is allowed. The applicant Ankit Singh shall be released on bail on furnishing personal bond and two sureties, each in the like amount, to the satisfaction of Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; BAIL No. 6183 of 2025 2 (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. October 8, 2025 DiVYa BAIL No. 6183 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench