HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17799 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Deepak Rana, learned counsel for the applicant and Sri S.B. Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 280 of 2024, under Sections 8/21 N.D.P.S. Act, Police Station Shahpur, District Muzaffar Nagar during pendency of the trial. 3. Learned counsel for the applicant submits, this is second bail application filed on behalf of applicant and first bail application of the applicant has been dismissed by this Court vide order dated 18.11.2024 and he is pressing the instant second bail application mainly on the ground that even as per allegation from the possession of applicant non commercial quantity of Heroin was recovered and he is in jail since 28.08.2024 i.e. for last more than a year and till date trial of the case could not be concluded. 4. He further submits, however, apart from the present case applicant is having criminal history of four cases including a case relates to N.D.P.S. Act but in three cases simultaneously he has been made accused and entire criminal history of the applicant has been explained in the instant bail application. 5. He further submits, as from the possession of applicant non commercial quantity of contraband was recovered, therefore, provisions of Section 37 of N.D.P.S. Act are not applicable in the present matter. 6. He further submits, therefore, considering the above facts, applicant may Versus Counsel for Applicant(s) : Deepak Rana, Prashant Kumar Counsel for Opposite Party(s) : G.A. Mehmood .....Applicant(s) State of U.P. .....Opposite Party(s) be enlarged on bail. 7. Per contra, learned AGA opposed the prayer for bail and submits, this is second bail application filed on behalf of applicant and however from the possession of applicant non commercial quantity of Heroin was recovered but apart from the present case applicant is having criminal history of four cases including a case of NDPS Act but could not dispute the fact that out of four cases in three cases simultaneously applicant has been made accused. Learned AGA further could not dispute the fact that in the present matter applicant is in jail since 28.08.2024 i.e. for last more than a year. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, this is second bail application filed on behalf of applicant and first bail application of the applicant has been dismissed after considering the fact that however non commercial quantity of contraband was allegedly recovered from his possession but apart from the present case he is having criminal history of four cases in which one case relates to N.D.P.S. Act but it reflects, applicant is in jail for last more than a year. 10. Further, considering the fact that alleged quantity of contraband does not involve commercial quantity provision of Section 37 of N.D.P.S. Act are not applicable in the present matter. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Mehmood be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper BAIL No. 17799 of 2025 2 with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 12, 2025 AK Pandey BAIL No. 17799 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad