Neutral Citation No. - 2025:AHC:30689 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 769 of 2025 Applicant :- Dileep Das Opposite Party :- State Of U.P. Though It Principal Secretary (Home)Lucknow Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Amrit Raj Chaurasia, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.443 of 2024, under Section 8/20/60 N.D.P.S. Act, Police Station-Thana Bhawan, District- Shamli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on by a Sub Inspector of Police on 16.11.2024 against the applicant and one Dilip Das stating that on the basis of information received from a Mukhbir, the accused persons were intercepted while the applicant was driving a motorcycle on which the other accused person was sitting on the pillion seat. A bag was kept on the seat of the motorcycle in between the two accused persons. Two polythene packets were kept in a bag, one of which weighed 930 gm. and the other weighed 775 gm., totaling to 1.705 kg. A digital weighing scale was also recovered from the bag. Both the polythene packets, the weighing scale and the back pack were sealed. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. It is further submitted that on the similar footing the co-accused Mohit Rathi has been granted bail by this Court vide order dated 24.02.2025 passed in Criminal Misc. Bail Application No. 46145 of 2024, therefore, applicant is also entitled to be released on bail. 5. Learned counsel for the applicant has submitted that samples have not been drawn as per the mandatory provision contained in the relevant rules. 6. Learned AGA has submitted that it is recorded in the recovery memo itself, that the material recovered was rapped in a white cloth and it was sealed, which indicates that the material itself was taken as the sample. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the law mandates that two samples weighing 50 gm. each have to be drawn from each of the packets recovered and it is to be done in presence of a Magistrate. This requirement appears to have not been fulfilled in the present case and that the applicant has no previous criminal history and he is languishing in jail since 15.11.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant Dileep Das, 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 magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. Order Date :- 3.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad