Neutral Citation No. - 2025:AHC:50500 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11492 of 2025 Applicant :- Jishan Opposite Party :- State of U.P. Counsel for Applicant :- Shivajee Singh Sisodiya Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Shivajee Singh Sisodiya, learned counsel for the applicant, Sri Puneet Kumar Singh, learned Additional Government Advocate for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Jishan, seeking enlargement on bail in Case Crime No. 319 of 2024, under Sections 8/21/29 NDPS Act, Police Station- Wazirganj, District- Budaun. In the prosecution case it is alleged that during police checking, 600 gm smack is alleged to have been recovered from one co- accused, namely, Mustaq. The recovery has been made in front of the Gazetted Officer. Learned counsel for the applicant submits that the applicant was not arrested on the spot. After being impleaded in the present case, the applicant surrendered himself. Applicant's name disclosed in the confessional statement of co-accused, Mustaq. Nothing has been recovered from possession of the applicant. The recovered quantity of contraband mentioned in the FIR is 'below commercial quantity' as provided in the Schedule appended with the NDPS Act and therefore, the stringent conditions as contained in Section 37 of the N.D.P.S. Act are not attracted in this case. The applicant has no criminal antecedents. There is no independent witness to the incident. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. 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 recovered quantity is below commercial, the applicant has no criminal antecedents, he is in jail since 04.03.2025, prima facie there appears to be no independent witness and period of incarceration gone into by the applicant, the stringent conditions as contained in Section 37 of the N.D.P.S. Act are not attracted in this case 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- Jishan involved in aforesaid case crime number 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 he 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. Order Date :- 8.4.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad