Neutral Citation No. - 2025:AHC:106061 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5954 of 2025 Applicant :- Imran Opposite Party :- State of U.P. Counsel for Applicant :- Keshari Nath Tripathi,Pushpendra Vishvakarma Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Rejoinder affidavit filed by learned counsel for the applicant is taken on record. 2 .S/Sri Keshari Nath Tripathi,Pushpendra Vishvakarma, Advocates appear for the applicant and submits that the accused/applicant has been falsely implicated in Case Crime No.01 of 2025, under Sections 8/20 of N.D.P.S. Act, Police Station Bilari, District Moradabad. 3. Learned counsel for the accused-applicant, contends that a quantum of 1 kg 90 gram of Charas has been allegedly recovered from the accused-applicant. There is no independent witness of arrest and recovery. The mandatory provision of Section 50 N.D.P.S. Act has not been complied. The applicant is languishing in jail since 01.01.2025. As such, he prays that the accused/applicant be enlarged on bail. 4. Learned A.G.A. has opposed the prayer for bail and submitted that a huge quantity of contraband has been confiscated at the behest of the accused. The charge-sheet has already been submitted. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 6. The record prima facie reveals that the arrest and recovery has been made in absence of independent witness. The mandatory compliance of N.D.P.S. Act is the matter of adjudication. Charge- sheet has already been submitted. 7. Hence, without touching the merit of the case, the bail application is allowed. 8. The accused/applicant-Imran be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned. Order Date :- 7.7.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad