Neutral Citation No. - 2025:AHC:20650 Court No. - 9 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 742 of 2025 Applicant :- Patlu Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar,Chandrabhan Counsel for Opposite Party :- G.A. Hon'ble Rohit Ranjan Agarwal,J. Supplementary affidavit, filed today, is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. By means of the present bail application, the applicant seeks bail in Case Crime No.394 of 2024, under Section 8/21/29 of NDPS Act, 1985, Police Station- Robertsganj, District- Sonbhadra, during the pendency of trial. It is contended by learned counsel for the applicant that the applicant is innocent person and has falsely been implicated in the present case. It is next contended that the applicant was not apprehended on the spot and no alleged recovery has been made from his possession. It is further contended that the alleged recovery of 105 gms. contraband Heroin has been made from the possession of four persons, while the commercial quantity is 250 gms. It is further contended that the other co-accused namely Brijbala has already been enlarged on bail by this Court vide order dated 24.06.2024 in Criminal Misc. Bail Application No.23185 of 2024. It is next contended that apart from the present case, the applicant has criminal history of one case which is registered as Case Crime No.44 of 2010, under Sections 363, 366 and 376 IPC in which he has already been acquitted by the Court concerned on 20.12.2011. The applicant is languishing in jail since 12.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. On the other hand, learned AGA while opposing the bail application does not dispute the said fact that the article which has been recovered is below the commercial quantity and the applicant has no other criminal history. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court finds that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant- Patlu, be released on bail in the aforesaid case crime number on 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 13.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad