Neutral Citation No. - 2025:AHC:49583 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11245 of 2025 Applicant :- Lallan Kahar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Anil Kumar Ojha, learned counsel for the applicant, Sri Umesh Kumar Singh, learned State Law Officer and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Lallan Kahar, seeking enlargement on bail in Case Crime No. 865 of 2024, under Sections 8/21/27A/29/60 of Narcotic Drugs and Psychoropic Substances Act, 1985, Police Station- Robertsganj, District- Sonbhadra. Learned counsel for the applicant submits that the applicant has been falsely implicated. 120 grams of heroine is alleged to have been recovered from the joint possession of three accused persons, namely, Manisha Singh, Chandrakant Gautam and Dharmveer @ Pankaj Saroj. The applicant was not arrested from the spot. Learned counsel for the applicant further submits that no recovery has been made from possession of the applicant. The alleged recovery made from other co-accused is marginally above from the commercial quantity. There is no compliance of Section 55 and 52- A of NDPS Act. The applicant is in jail since 12.02.2025 and he has no criminal history. Learned State Law Officer has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the facts that the applicant is in jail since 12.02.2025, recovered quantity is marginally above from the commercial quantity, the applicant has no criminal history and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Lallan Kahar, involved in the aforesaid 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of him absence, without sufficient cause, the trial court may proceed against him. (vi) In case the applicant misuses the liberty of bail during trial, the trial court shall initiate proceedings against him, in accordance with law. Order Date :- 7.4.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad