HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9876 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. It is alleged in the prosecution case that the applicant/accused was arrested pursuant to a recovery memo dated 31.07.2025, wherein it was stated that the officers of the opposite party had received specific information that a person was transporting a certain quantity of Ganja from Bangkok and was likely to arrive at Lucknow by flight. Acting on the said information, the officers of the opposite party, at about 6:15 PM on 31.07.2025, apprehended the applicant/accused and recovered 4.954 kilograms of Ganja/Marijuana from his possession. Learned counsel for the applicant submits that the applicant has no prior criminal antecedents. It is contended that the mandatory provisions of Section 50 of the NDPS Act have not been complied with in their true letter and spirit. The recovered quantity of 4.954 kilograms of cannabis, found in the black-coloured bag carried by the applicant, is below the commercial quantity. It is further submitted that the applicant is languishing in jail since 31.07.2025, and the mandatory provisions of Section 42 of the NDPS Act have also not been duly complied with. 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 Versus Counsel for Applicant(s) : Upendra Kumar Sagar Counsel for Opposite Party(s) : Prince Gupta .....Applicant(s) U.O.I. Thru. Commissioner Air Unit Customs Ccsi Airport Lko. .....Opposite Party(s) the applicant is enlarged on bail, he shall not misuse the liberty of bail. Shri K.D. Nath, learned counsel appearing for the respondent, has opposed the bail application. Considering the facts that the applicant has no prior criminal history, the recovered quantity is below the commercial quantity, and that he has been in custody since 31.07.2025, this Court finds it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Prince Gupta involved in Case Crime No. 07/2025, U/Ss. 8/20/23 NDPS Act, P. S. Airport 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 BAIL No. 9876 of 2025 2 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). 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 R.C. BAIL No. 9876 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench