Neutral Citation No. - 2025:AHC:116089 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5621 of 2025 Applicant :- Afsar Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Mangal Pandey Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Heard Sri Shiv Mangal Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application, seeking bail, has been moved by the applicant-accused-Afsar in Case No.295 of 2023, under Sections 21/22 N.D.P.S. Act, Police Station Gangdundwara, District Kasganj. 3. Sri Shiv Mangal Pandey, learned counsel for the accused- applicant contends that 900 grams of intoxicating diazepam powder has been allegedly recovered from the accused- applicant, in absence of independent witness. Hence, his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. The criminal history of one case has been explained in which the accused-applicant is on bail. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant, who is in jail since 26.09.2023, deserves to be released on bail on the ground of long incarceration. In case the applicant is released on bail, he will not misuse the liberty of bail. 4. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that 900 grams of intoxicating diazepam powder has been recovered, which attract Section 37 of N.D.P.S. Act. The applicant does not deserve any indulgence. In case the applicant is released on bail, he will again indulge in similar activity. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 6. It is settled position of law that bail is the rule and committal to jail is an exception as propounded in the case of State of Rajasthan Vs. Balchand @ Baliay (1977) 4 SCC 308, the Apex Court observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution and opined para 2 "The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like, by the petitioner who seeks enlargement on bail from the court. We do. not intend to be exhaustive but only illustrative." and considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Gudikanti Narasimhulu And Ors vs Public Prosecutor, High Court Of Andhra Pradesh, (1928) 1 SCC 240 larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. 7. In the case of Mohd. Muslim alias Hussain Vs. State (NCT of Delhi) [(2023) 18 SCC 166] the Apex Court observed and held that the rigour under Section 37 of N.D.P.S. Act would not come in the way, when the Court deals with the liberty of a person, as more the rigour, quicker ought to be the adjudication. 8. The Perusal of record reveals that the accused-applicant has been apprehended by the police and 900 grams of intoxicating diazepam powder has been recovered from the possession of the accused-applicant, in absence of independent witness. The accused is charge-sheeted. The trial is pending. The criminal history of one case has been explained in which the accused- applicant is on bail. The compliance of mandatory provisions of NDPS Act is subject to trial. The applicant is languishing in jail since 26.09.2023. Without touching the merit of the bail application is allowed. 9. Let the accused-applicant-Afsar involved in aforesaid case crime be released on bail on his furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 17.7.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad