Neutral Citation No. - 2025:AHC:89466 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6878 of 2025 Applicant :- Shamshad Ali @ Arif Opposite Party :- State of U.P. Counsel for Applicant :- Yakub Ali Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,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 with a prayer to enlarge him on bail in Case Crime No. 4 of 2025, under Section 8/21/23 of N.D.P.S. Act, Police Station Thuthibari, District Maharajganj, during pendency of trial. 3. Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the case. 1200 capsule of NRx Proxyco Spas was recovered by the police on personal search on 15.01.2025. 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. It is further contended that co-accused Vivekanand Mall along with the applicant on the same date and time and place has been arrested. Co-accused Vivekanand has already been granted bail by co-ordinate Bench of this Court vide order dated 15.05.2025 passed in Criminal Misc. Bail Application No.8270 of 2025. Case of the applicant is on better footing with the co-accused Vivekanand from whose possession 2400 capsule of NRx Proxyco Spas was recovered. he applicant is jail since 14.01.2025. 4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact. 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-Shamshad Ali @ Arif, 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 not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 8. The bail application is allowed. Order Date :- 26.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad