HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9439 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Pradeep Kumar, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 08 of 2025, under Sections 8/21/23 of NDPS Act, Police Station Thuthibari, District Maharajganj, during the pendency of trial. 4. As per prosecution story, heavy amount of contraband i.e. 480 ampule of diazepam and 490 ampule of talgesic buprenorphine injection was recovered from the possession of the applicant and co-accused persons. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. 6. Learned counsel has placed reliance on the judgment of the Kerala High Court in the case of Salam Vs. Union of India reported in (2008) 1 KLT 498 whereby one gm. of buprenorphine is 3333.33 milimitres, as such the said contraband falls within the category of small quantity and does not fall within the category of commercial quantity. 7. Learned counsel has next stated that there is no compliance of mandatory provision of Section 50 and 52(A) of N.D.P.S. Act, as such the applicant is entitled for bail. Versus Counsel for Applicant(s) : Piyush Patel, Pradeep Kumar Counsel for Opposite Party(s) : G.A. Nikesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 8. There is no criminal history of the applicant. The applicant is languishing in jail since 22.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned State Law Officer has vehemently opposed the bail application. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merit of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Nikesh Kumar, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 15, 2025 Sumit S BAIL No. 9439 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad