Neutral Citation No. - 2025:AHC:70586 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6345 of 2025 Applicant :- Luvkush Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar I Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Sunil Kumar I, learned counsel for the applicant, Ms. Anita Singh, learned counsel, holding brief of learned Additional Government Advocate for the State and perused the record. The present bail application has been filed by accused- applicant- Luvkush Tiwari seeking bail in Case Crime No. 20 of 2025, under Section 8/21 NDPS Act, Police Station- Kotwali, District- Bhojpur. Learned counsel for the applicant submits that similarly placed co- accused, namely, Pintu Kumar and Arvind Kumar Yadav have already been enlarged on bail of this Court by orders dated 09.04.2025 and 09.04.2025 passed in Criminal Misc. Bail Application Nos. 4812 of 2025 and 4789 of 2025 respectively, copy of the bail orders produced by learned counsel for the applicant are taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Pintu Kumar and Arvind Kumar Yadav who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant submits that the recovered quantity of contraband is 'below commercial quantity' as provided in the Schedule appended with the NDPS Act and therefore, the stringent conditions as contained in Section 37 of the N.D.P.S. Act are not attracted in this case. The applicant has no criminal antecedents. There is no independent witness to the incident. The applicant is in jail since 18.01.2025. 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 18.01.2025 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- Luvkush Tiwari 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 :- 2.5.2025 Anjali Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad