Neutral Citation No. - 2025:AHC:79340 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15414 of 2025 Applicant :- Gayatri Prasad @ Jai Bind Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar,Krishna Nand Singh,Priti Yadav Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. The present bail application has been filed by accused-applicant- Gayatri Prasad @ Jai Bind seeking bail in Case Crime No.97 of 2025, under Section 8/20 NDPS Act, Police Station- Lalganj, District- Mirzapur. In the prosecution case it is alleged that during police checking, the police arrested the applicant. From the personal search of the applicant and co-accused, total 22.705 kg ganja is alleged to have been recovered from 22 bags. From the possession of the applicant only 15 bags were recovered which were weighed and found 15 kg 465 gram. Learned counsel for the applicant submits that commercial quantity of ganga is 20 kg. whereas from the possession of applicant 15 kg 465 gram ganja was recovered. It is further submitted that there is no public witness of the alleged recovery. Provision of Section 52 A of N.D.P.S. Act are not followed. The applicant has criminal antecedents of four cases which has been explained in para-2 of the supplementary affidavit. The applicant is in jail since 26.03.2025. 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 applicant is in jail since 26.03.2025, prima facie there appears to be no independent witness and period of incarceration gone into by the applicant, 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- Gayatri Prasad @ Jai Bind, 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 :- 14.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad