Neutral Citation No. - 2025:AHC:106177 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 794 of 2025 Applicant :- Sajid Opposite Party :- State of U.P. Counsel for Applicant :- Jainendra Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant- accused Sajid for the offence punishable under Sections 8/21 of N.D.P.S. Act, 1985 in Case Crime No. 653 of 2024, Police Station- Deoband, District- Saharanpur. 2.Mr. Chaudhary Dil Nisar, learned advocate, appears on behalf of applicant and submits that the accused-applicant has been falsely implicated in the present case, wherein 333.05 gram of smack have been recovered from the possession of the accused-applicant, which is more than the commercial quantity. The accused- applicant has been intercepted by the police, while his bike slipped and he was trying to run away on seeing the police personnel. The recovery has been made from the bag, which was carried by the informant. Learned counsel for the accused-applicant further contended that neither there is any independent witness to the recovery of contraband nor there is compliance of Section 50 of the N.D.P.S. Act. The criminal history of two cases against the accused-applicant has been explained in which he has already been enlarged on bail. 3. Per contra, learned AGA opposed the bail and submits that the accused-applicant is a habitual offender and he is on bail in two cases shown as criminal history. 4. This Court has taken into consideration the rival submissions made by the parties and perused the record. 5. The perusal of the FIR reveals that three of the accused persons have been apprehended by the police in absence of independent witness and narcotic drug of 333.05 gram of smack have been recovered from the bag in possession of accused applicant.The arrest and recovery has been made in absence of independent witnesses. The mandatory compliance is the matter of adjudication in the trial. 6. Without touching the merit of the case, this bail application is allowed. 7. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 7.7.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad