HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31993 of 2025 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Syed Riyaz Askari, learned counsel for the applicant, Sri Chandra Shekhar Saran, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 0104 of 2025 under Section 8/20 NDPS Act, registered at Police Station Badalpur, District Gautam Budh Nagar during pendency of the trial. 3. It has been argued by the learned counsel for the applicant that applicant has been falsely implicated in this case and he has been languishing in jail since 14.4.2025. It is further submitted that co-accused Inamulhaq and Noman have already been granted bail by a Co-ordinate Bench of this Court vide orders dated 09.3.2026 and 16.3.2026 passed in Crl. Misc. Bail Application Nos. 21583 of 2025 and 45442 of 2025 respectively. It is further submitted that 16.5 kg of ganja is said to have been recovered from the possession of the applicant and mandatory provision of Section 50 of NDPS Act has not been complied with. It is further submitted that 148 kg of ganja stored in a container has been recovered from joint possession of the applicant and co- accused Noman and Inamulhaq. It is further submitted that the alleged recovery of 148 kg of ganja is not from the conscious possession of the applicant as the said contraband is recovered from a container and the applicant was not aware about the same. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and submits that commercial quantity of ganja has been recovered from a container in which the applicant and two other accused persons were travelling and apart from this, 16.5 kg of ganja is aid to have been recovered from the possession of the applicant which is below the commercial quantity. Versus Counsel for Applicant(s) : Syed Riyaz Askari Counsel for Opposite Party(s) : G.A. Shah Nawaz .....Applicant(s) State of U.P. .....Opposite Party(s) 5. 16.5 kg of ganja is said to have been recovered from the possession of the applicant which is below the commercial quantity and 148 kg of ganja stored in a container has been recovered from joint possession of the applicant and co-accused Noman and Inamulhaq. Co-accused Inamulhaq and Noman have already been granted bail by a Co-ordinate Bench of this Court. 6. Upon considering the totality of facts, nature and evidence reflected from record, taking into consideration the provision of Section 37 of the NDPS Act and in view of the law laid down by Hon'ble Apex Court in Union of India vs. Shiv Shanker Kesari, 2007 (7) SCC 798 and Nadeem Ahmad vs. State of West Bengal 2025 LawSuit (SC) 1134 (2025 INSC 993), without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 7. Let the applicant Shah Nawaz involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) 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. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) 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 351 of B.N.S.S. (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 the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. April 23, 2026 Madhurima BAIL No. 31993 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad