Neutral Citation No. - 2025:AHC:53271 Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28415 of 2023 Applicant :- Deependra Bahadur Varaeli Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Pandey,Jagdamba Raj Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. The instant bail application has been moved on behalf of the applicant-Deependra Bahadur Varaeli with a prayer to enlarge him on bail in Case Crime No.266 of 2023, under Section 8/20 of the NDPS Act, Police Station Kotwali, District Maharajganj, during pendency of the trial. 3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. Learned counsel has stated that with regard to the alleged recovered contraband (7.412kg charas) there is no compliance of mandatory provision of Sections 50 and 52 of the NDPS Act. It is also submitted that the provisions of Section 100 Cr.P.C. have also not been followed at the time of arrest and seizure. He next contended that the sampling and preparation of docket is doubtful. There is no criminal history to credit of the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since 21.05.2023. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. appearing for the State submitted that the applicant has been arrested by the police while he was riding on pillion seat of motorcycle allegedly plied by co-accused-Jeewan whose bail application has been rejected by this Court vide order dated 18.10.2023 passed in Criminal Misc. Bail Application No.40088 of 2023 on the ground of huge recovery of Charas (8.548 kg) and criminal history of four cases to his credit. A huge quantity of Charas, i.e. 7.412 kg has also been recovered from the possession of the applicant, hence the applicant, too, is not entitled to be released on bail. 5. In the light of analysis of the case as mentioned above and considering the recovery of huge quantity of Charas as mentioned above, coupled with the fact that the applicant was apprehended at the spot and was having conscious and constructive possession over the recovered Charas, I do not find any reasonable ground in terms of Section 37 of the N.D.P.S. Act to hold that the applicant is not guilty of an offence and he is not likely to commit any offence while on bail. 6. In view of the facts and circumstances of the case and on account of the reasons mentioned above, I do not find any good ground for enlarging the applicant on bail. 7. The bail application of the applicant-Deependra Bahadur Varaeli is, accordingly, rejected. Order Date :- 10.4.2025 MN/- Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad