Neutral Citation No. - 2025:AHC:22310 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1117 of 2025 Applicant :- Jitendra Singh Kaurav 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 Sri Satish Kumar Mishra, learned Advocate holding brief of Sri Nanhe Lal Tripathi, learned counsel for the applicant and Sri Ashutosh 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. 1155 of 2024, under Sections 8/20 N.D.P.S. Act, Police Station Kotwali Lalitpur, District Lalitpur during pendency of the trial. 3. Learned counsel for the applicant submits, as per allegation from the possession of applicant and others total 14 Kgs. Ganja was recovered and from the individual possession of the applicant total 8 Kgs. Ganja was recovered. He further submits, entire allegation leveled against the applicant is totally false. 4. He further submits, as from the possession of applicant less than commercial quantity of Ganja was recovered, therefore, provisions of Section 37 of N.D.P.S. Act are not applicable in the present matter. 5. He further submits, along with applicant co-accused Chhote Singh was also made accused but after considering the entire facts of the case he has been released on bail by this Court vide order dated 27.01.2025 passed in Criminal Misc. Bail Application No. 1579 of 2025 and on facts case of applicant is almost at par with him. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 27.11.2024. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, from the possession of applicant and co-accused Chhote Singh total 14 Kgs. Ganja was recovered and from the individual possession of applicant total 8 Kgs. Ganja was recovered and from the individual possession of co-accused Chhote Singh total 6 Kgs. Ganja was recovered but co-accused Chhote Singh has been released on bail by this Court. 10. Further, considering the fact that the alleged recovered quantity of contraband does not involve the commercial quantity, this Court finds merit in the argument advanced by learned counsel for the applicant that provisions of Section 37 of N.D.P.S. Act are not applicable in the present matter. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 27.11.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Jitendra Singh Kaurav 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. 15. 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. 16. 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 :- 17.2.2025/AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad