Neutral Citation No. - 2025:AHC:103744 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5932 of 2025 Applicant :- Pawan Kumar @ Anju Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Chahar,Mohit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Kuldeep Singh Chahar, Advocate appears for the applicant and filed rejoinder affidavit in reply to the counter affidavit filed by the State, which is taken on record. 2. Sri Kuldeep Singh Chahar, Advocate appears for the applicant and submits that the accused/applicant has been falsely implicated in Case Crime No.15 of 2025, under Sections 8/21/22 N.D.P.S. Act, Police Station Sainya, District Agra. 3. Learned counsel for the accused-applicant, contends that a quantum of 700 grams of smack has been allegedly recovered from the accused-applicant. There is no independent witness of arrest and recovery. The mandatory provision of N.D.P.S. Act has not been complied. The criminal history of two cases shown against the applicant is duly explained in affidavit filed in support of the bail application and in both the cases he is already on bail. The applicant is languishing in jail since 16.01.2025. As such, he prays that the accused/applicant be enlarged on bail. 4. Learned A.G.A. has opposed the prayer for bail and submitted that a huge quantity of contraband has been confiscated at the behest of the accused. The charge-sheet has already been submitted. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 6. The record prima facie reveals that the arrest and recovery has been made in absence of independent witness. The mandatory compliance of N.D.P.S. Act is the matter of adjudication. Charge- sheet has already been submitted.The criminal history of two cases shown against the applicant is duly explained and in both the cases he is already on bail. 7. Hence, without touching the merit of the case, the bail application is allowed. 8. The accused/applicant-Pawan Kumar @ Anju be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned. Order Date :- 3.7.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad