HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10116 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. In the prosecution case, it is alleged that 8 packets of ganja/marijuana is alleged to have been recovered (2.493 Kgs) has been recovered from the co- accused, Abid Memon and Amir Khan. 3. Learned counsel for the applicant submits that the applicant has no criminal antecedents and he is languishing in jail since 16.09.2025. He further submits that from the personal search of co-accused Abid Memon and Amir Khan, 8 packets of ganja/marijuana is alleged to have been recovered (2.493 Kgs) which is below the commercial quantity. Further submission of learned counsel for the applicant is that no incriminating article has been recovered from the personal search of the applicant and he has been implicated in the present case on the basis of confessional statement of the co-accused. He further submits that mandatory provision of Section 50 NDPS Act have not been followed. 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. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Versus Counsel for Applicant(s) : Farooq Ayoob, Mansi Gupta Counsel for Opposite Party(s) : Amir Khan .....Applicant(s) Union Of India Deptt. Air Custom Ccsi Airport Lko. .....Opposite Party(s) 6. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, as also the period for which the applicant is in jail i.e. since 16.09.2025; as also the fact that the applicant has no previous criminal history and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Amir Khan involved in Air Custom Case No.12 of 2025-26, Under Sections- 8/20/23/29 of NDPS Act, Police Station- Air Custom, District- Lucknow, 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 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 BAIL No. 10116 of 2025 2 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 16, 2025 DiVYa BAIL No. 10116 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench