HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9901 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. In the prosecution case, it is alleged that 8 kg 300 grams of ganja was recovered from the back seat of a Swift car traveling from Niyawan to Guptaghat. From the applicant, Rs. 750/- and one Samsung mobile phone were also recovered. 3. Learned counsel for the applicant submits that no narcotic substance was recovered from the personal search of the applicant, who is alleged to have been merely sitting in the car. The recovered quantity is below the commercial threshold. The applicant has disclosed his criminal antecedent in three prior case in paragraph 30 of the bail application and has no other criminal history. 3A. Learned counsel for the applicant submits that the co-accused Shaurya Pratap Singh who was assigned the similar role has been enlarged on bail by this Court vide order dated 07.10.2025 passed in criminal misc. bail application No. 9535 of 2025. Learned counsel for the applicant seeks parity with the order of the co-accused. 4. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Alok Srivastava Counsel for Opposite Party(s) : G.A. Gulshan Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 5. Learned AGA has opposed the bail application, submitting that the investigation in the case is still ongoing. 6. Considering that the recovered quantity is below the commercial quantity; co-accused Shaurya Pratap Singh has been granted bail; the applicant has explained his sole prior criminal antecedent, and he is in judicial custody since 30.08.2025, I am of the view that this is a fit case for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Gulshan Singh involved in Case Crime No.254 of 2025, Under sections-8/20/60 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station-Cantt, District- Faizabad/Ayodhya, 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (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 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. (v) The applicant 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order BAIL No. 9901 of 2025 2 to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 9. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. October 14, 2025 R.C. BAIL No. 9901 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench