Neutral Citation No. - 2025:AHC:72841 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5633 of 2025 Applicant :- Smt. Nawabo Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Avinash Pandey, learned counsel for the applicant, Sri Ajay Singh, learned Additional Government Advocate for the State and perused the record. The present bail application has been filed by accused- applicant- Smt. Nawabo seeking bail in Case Crime No. 19 of 2025, under Section 8/21/29 NDPS Act, Police Station- Kotwali Nagar, District- Saharanpur. Learned counsel for the applicant has contended that 200 grams of Smack is alleged to have been recovered from the possession of the applicant. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of her 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. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize her. The applicant, who is in jail since 30.1.2025 having no criminal history to her credit, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 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. On due consideration to the facts that the recovered quantity is below commercial, he is in jail since 30.01.2025 prima facie there appears to be no independent witness and period of incarceration gone into by the applicant, the stringent conditions as contained in Section 37 of the N.D.P.S. Act are not attracted in this case 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- Smt. Nawabo involved in aforesaid case crime number 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. Order Date :- 6.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad