Neutral Citation No. - 2025:AHC:25184 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 639 of 2025 Applicant :- Mohammad Wasim Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State-respondent. 2. The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 281 of 2024, under Sections 8/20 N.D.P.S. Act, Police Station G.R.P. P.D.D.U., District Chandauli, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of 10.326 Kg. Ganja (six bundles) has been shown from the possession of the applicant. There is no independent witness to the recovery. The recovered contraband is below commercial quantity. The mandatory provisions of Sections 42, 50 and 51 of the N.D.P.S. Act have not been complied with. There is no FSL report to establish that the substance recovered is ganja. The applicant is in jail since 14.08.2024 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, I am of the prima facie view that there is no independent witness to the alleged recovery. The mandate of Chapter V of the NDPS Act has not been followed. The recovered contraband is below commercial quantity. The sampling has not been done in the presence of Magistrate, which is required under Section 52A of the NDPS Act. The applicant has no criminal antecedents. Further, the applicant has remained confined for more than six months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. 6. 6. Let the applicant Mohammad Wasim involved in the aforesaid case 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 the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 20.2.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad