HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9976 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri R.K. Mishra, holding brief of Sri Shivam Tiwari, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 18 of 2025, under Section 8/21/29/60 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Nanauta, District Saharanpur, during the pendency of trial. 4. As per the allegations of the FIR, the applicant and other co-accused persons were arrested by the police and from their possession, 615 gms of smack is said to have been recovered kept in concealed way in a car. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel for the applicant has next stated that the allegations are per se false. 6. Learned counsel has further stated that there is no compliance of mandatory provision of Section 52(A) of the N.D.P.S. Act. There is no report of the chemical analyst to corroborate that the alleged contraband is smack or not. The quantity of the contraband has been inflated by the Versus Counsel for Applicant(s) : Ashok Kumar Singh Bais, Shivam Tiwari Counsel for Opposite Party(s) : G.A. Nawab Laias Junaid .....Applicant(s) State of U.P. .....Opposite Party(s) informant just to make it fall within the category of commercial quantity. 7. Learned counsel for the applicant has stated that criminal history of four cases assigned to the applicant has been explained. The applicant is languishing in jail since 26.01.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application on the ground that the recovery of contraband article is of commercial quantity, as such the applicant is not entitled for bail. 9. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. 10. Let the applicant - Nawab alias Junaid, who is involved in aforementioned 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 following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 12, 2025 Sumit S BAIL No. 9976 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad