Neutral Citation No. - 2025:AHC:29489 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7341 of 2025 Applicant :- Yamin Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Shukla,Manish Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Rajesh Kumar Singh, learned Additional Government Advocate for the State and perused the record. 2. The present bail application has been filed by accused- applicant- Yamin seeking bail in Case Crime No.704 of 2023, under Section 8, 20, 28, 29, 60 of NDPS Act, Police Station- Kairana, District- Shamili. 3. The prosecution case it is alleged that during police checking, the police arrested the applicant and one co-accused. From the joint search of the applicant and the co-accused, 2 kg charas and 2 kg ganja is alleged to have been recovered from the possession of the applicant and the co-accused. The recovery has been made in front of the Gazetted Officer. 4. Learned counsel for the applicant submits that similarly placed co-accused, namely, Ahsan, has already been enlarged on bail by Co-ordinate Bench of this Court by order dated 01.02.2024 passed in Criminal Misc. Bail Application No. 2659 of 2024, copy of the bail order is annexed as annexure no. 2. He further submitted that since the role of the applicant is identical to that of co-accused, Ahsan, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 5. 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. 6. Having heard counsel for the parties and having perused the record, this Court prima facie finds that mandate of Chapter V of the NDPS Act has not been followed. There is no independent witness to the recovery. Further, the procedure of sampling adopted is in violation of the Rule 10 (1) of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022. There is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Yamin, involved in the aforesaid case crime 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 subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 3.3.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad