Neutral Citation No. - 2025:AHC:13400 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1579 of 2025 Applicant :- Chhote Singh Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Priya Chand, learned Advocate holding brief of Sri Nanhe Lal Tripathi, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.1155 of 2024, under Section 8/20 NDPS Act, Police Station Kotwali Lalitpur, District Lalitpur during pendency of the trial. 3. As per prosecution from the possession of the applicant and co- accused Jitendra Singh Kaurav total 14kg ganja was recovered and from the individual possession of the applicant 6kg. ganja was recovered. 4. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter and actually nothing incriminating was recovered from his possession. 5. She further submits that even alleged recovered quantity does not involve commercial quantity and, therefore, provisions of Section 37 NDPS Act are not applicable in the present matter. 6. She further submits that entire recovery has been made before Police Personnel and no public witness was taken and this casts serious doubt on the prosecution case. 7. She further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 27.11.2024. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the fact that even as per prosecution from the possession of the applicant non-commercial quantity of ganja was recovered and he is not having any previous criminal history and alleged recovery has been made only before Police Personnel and applicant is in jail since 27.11.2024, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant-Chhote Singh 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 with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 13. 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. 14. 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. Order Date :- 27.1.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad