HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10049 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. Supplementary affidavit filed by learned counsel for the applicant is taken no record. 2. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 382 of 2025, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances (N.D.P.S) Act, 1985, Police Station- Bhadokhar, District- Raebareli. 3. While pressing the instant application, learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present case. 4. It is stated that the alleged joint recovery of the contraband substance i.e. 'Ganja' as indicated in the F.I.R is below the commercial quantity as scheduled indicated in the N.D.P.S Act, 1985 (in short 'Act of 1985'). Ganja is alleged to be recovered from the possession of the applicant and co- accused is only 4 Kg which is less than the commercial quantity i.e 20 Kg. 5. It is further stated that the applicant and co-accused have been implicated just to win laurels of the higher officials of the administration. It is further stated that till date the FSL report is not available to establish the case before the trial court. It is further submitted that in the instant case procedure Versus Counsel for Applicant(s) : Pravin Singh Counsel for Opposite Party(s) : G.A. Shiv Baran .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. .....Opposite Party(s) prescribed in the Act of 1985 including the Section 42 has not be followed, which would be fatal to the case of prosecution. 6. It is submitted that considering the aforesaid including quantity of the contraband substance recovered and the fact that the applicant has criminal history of two cases which has been explained in paragraph-2 and 3 of the supplementary affidavit as also the fact that the co-accused Harikesh has been granted bail by this court vide order dated 16.10.2025 in Criminal Misc. Bail Application No. 10119 of 2025, the applicant is entitled to be released on bail. The applicant has explained his criminal antecedents in paragraph 2 and 3 of the supplementary affidavit. In case of being enlarged on bail, he will not misuse the liberty of bail, will cooperate in trial and will not influence the prosecution witnesses. In these circumstances of the case, the applicant is entitled to be released on bail. 7. Learned A.G.A. opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel. 8. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also taking note of the fact that the recovery of the contraband substance i.e Ganja (4 Kg) is less than the scheduled commercial quantity; the fact that co-accused Harikesh has been granted bail and also the fact that the applicant has explained criminal history of two cases in paragraph-2 and 3 of the supplementary affidavit, thus, without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. 9. Accordingly, the bail application is allowed on the ground of parity. 10. Let the applicant Shiv Baran, involved in Case Crime No. 382 of 2025, under Sections 8/20 N.D.P.S Act, P.S. Bhadokhar, District Raebareli, 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. BAIL No. 10049 of 2025 2 (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 84 B.N.S.S. 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 209 of B.N.S. October 28, 2025 R.C. BAIL No. 10049 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench