Neutral Citation No. - 2025:AHC:82609 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8616 of 2025 Applicant :- Ram Daras Malviya Opposite Party :- State of U.P. Counsel for Applicant :- Ankur Vishwakarma,Kapoor Chandra Vishwakarma,Sushil Kumar Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-Respondent and perused the records. The present bail application under Section 439 Cr.P.C. has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 199 of 2024, under Section 8/20/29/60 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Chopan, District Sonbhadra, during the pendency of the trial before the Court below. It has been argued that 76 Kg 500 grms of Ganja is alleged to have been recovered from the joint possession of three persons sitting in a car. The applicant is innocent and has been falsely implicated in this very case. The applicant has criminal history of 7 cases to his credit apart from the present case. There is no compliance of Section 50/55/57/42 of the NDPS Act. The Circle Officer (City) has been shown as Gazetted Officer, but as per the case diary his signature is not present on the search memo which clearly demonstrates that compliance of Section 50 of the Act has not been complied with. The Circle Officer (City) has also not been shown as a witness nor his statement has been recorded. In this case, the charge-sheet has been submitted and there is no chance of tampering with the evidence and witnesses. It is further submitted that on the similar footing the co-accused Chintamani Khatu has been granted bail by this Court vide order dated 22.01.2025 passed in Criminal Misc. Bail Application No. 42293 of 2024, therefore, applicant is also entitled to be released on bail. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the bail prayer of the applicant by submitting that bail applications of co-accused have been rejected and the present bail application also warrants rejection, but could not dispute the submissions of learned counsel for the applicant. The bail application is, accordingly, allowed. Without expressing any opinion on the merits, let the applicant Ram Daras Malviya, involved in abovesaid 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 with the following conditions that :- 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 17.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad