Neutral Citation No. - 2025:AHC:85678 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6043 of 2025 Applicant :- Mohammad Seevan Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Yadav,Srishti Singh,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the record. 2. The present bail application has been filed on behalf of the applicant-Mohammad Seevan, with a prayer to enlarge him on bail in Case Crime No. 57 of 2025, under Section 8/20 of N.D.P.S. Act, Police Station- Ramgarh, District- Firozabad, during pendency of trial. 3. Submission of learned counsel for the applicant is that the quantity of the contraband shown to be recovered from the possession of the applicant is 617 grams charas, which is said to be below commercial quantity. The contention is that the police has deliberately shown the amount exaggeratedly just in order to add to the gravity of the offence. Other submissions assailing the truthfulness of the prosecution story with regard to the recovery have also been made. Further contention is that the statutory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with in true letter and spirit, and therefore, the legal sanctity of the alleged recovery stands vitiated. The counsel has also tried to demonstrate the circumstances indicating the false implication of the applicant. Malice behind the prosecution has also been pleaded during the course of the arguments placed on behalf of the accused. It has also been pointed out that the applicant is jail since 23.01.2025, with no criminal history. 4. Learned A.G.A. opposed the prayer for bail. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 6. Let applicant-Mohammad Seevan, involved in the above mentioned crime be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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. (ii) 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 Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. 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 Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. (v) In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 8. The bail application is allowed. Order Date :- 21.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad