HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10029 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant. None appears for the respondent- Union of India. The accused-applicant seeks bail in AIR Customs Case No.12 of 2025-26 under Seciton 8/20/23/29 of NDPS Act, Police Station AIR Customs, District Lucknow. In the prosecution case it is alleged that 8 packets of ganja/marijuana is alleged to have been recovered (2.493 Kgs) from the co-accused Amir Khan and the applicant. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that no narcotic drug has been recovered from the personal possession or search of the applicant. The alleged recovery of eight packets of ganja/marijuana weighing 2.493 kilograms pertains to the co-accused Amir Khan and is below the commercial quantity. It is further submitted that the applicant has no criminal antecedents. It is further submitted that co-accused Amir Khan has been granted bail by this Court vide order dated 16.10.2025 passed in Crl. Misc. Bail Application No.10116 of 2025. The applicant seeks parity with the bail order of co-accused Amir Khan. Learned counsel further submits that since the recovered contraband is below the commercial quantity, the condition of Section 37 of the NDPS Act are not attracted. The applicant is in jail since 16.9.2025. It is also submitted that there is no possibility of the applicant fleeing from justice or tampering with prosecution witnesses. If released on bail, the applicant undertakes not to misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. Considering the above, as also the fact that the applicant is in jail i.e. Versus Counsel for Applicant(s) : Rahul Mishra, Ravi Mishra Counsel for Opposite Party(s) : Abid Menon .....Applicant(s) Union Of India Thru. Air Customs Officer Ccsi Airport Lko. .....Opposite Party(s) since 16.09.2025; the applicant seeks parity with the bail order of co- accused Abid Menon, the applicant has no previous criminal history; the recovery contraband is below commercial 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. Accordingly, the bail application is allowed. Let the applicant Abid Menon be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 under Section 229-A of the IPC (now Section 269 BNS). (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 date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 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 28, 2025 Madhu D.R/P.S BAIL No. 10029 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench