Neutral Citation No. - 2025:AHC:131261 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21565 of 2025 Applicant :- Mahendra Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard Mr. Satyaveer Singh, learned counsel for the applicant as well as learned Additional Government Advocate representing the State. 2-By means of this bail application, the applicant- Mahendra Mishra, who is involved in Case Crime No. 77 of 2025, under Sections 8/20/21 of the Narcotic Drugs and Psychotropic Substance Act, P.S. Chetganj, District Varanasi, is seeking enlargement on bail during the trial. 3-As per prosecution case, on 02.05.2025, police apprehended Aniket Chauhan and recovered 20.75 grams of Ganja, 5.23 grams of Cocaine, 12.86 gram Heroin from his possession. On an interrogation, he disclosed the name of applicant-Mahendra Mishra stating inter-alia that Mahendra Mishra (applicant) lives somewhere in Mardawadih. He does not know his exact address. About two-three months ago, he met him at railway station and persuaded him to sell the recovered drugs. Therefore he started selling these drugs on the advice of Mahendra to earn good profit. Thereafter in follow-up action, on the information of informer, a raid was conducted at house of the applicant by the police on 03.05.2025 at 07:00 PM and they apprehended applicant-Mahendra Mishra and his elder brother-Devendra Mishra. On questioning, they confessed that Devendra Mishra used to bring Ganja, Heroin and cocaine to Banaras from out side and applicant-Mahendra Mishra looks far drug addict customers. During search one kg Ganja was recovered from their house and thereafter on the pointing out of them, recovery of 9 kgs. 100 grams of Ganja was made from the bushes near BLW gate at about 02:0 O'clock. 4-It is submitted by learned counsel for the applicant that applicant is being prosecuted on account of alleged recovery of total 10 kgs 100 grams of Ganja (1 kg from the house and 9.100 Kgs from an open place). In fact, nothing has been recovered from the possession of the applicant as alleged by the prosecution. Search of the house was done between sun-set and sunrise without any authorization or search warrant, in violation of provisions of section 41 of NDPS Act. It is next submitted that it is the case of prosecution that police party/raiding team have received prior information about the applicant and alleged Ganja from the informer but they did not comply the provisions of section 42 of NDPS Act. There is no independent witnesses of the said recovery. It is further submitted that alleged recovery of Ganja is below commercial quantity. The applicant has criminal history of four cases, which have been explained in paragraph no. 19 of the affidavit. Lastly, it is submitted that the applicant is languishing in jail since 04.05.2025. In case applicant is released on bail, he will not misuse the liberty of bail. 5-Learned Additional Government Advocate representing the State opposed the prayer of bail of the applicant. 6-Considering the over all facts and circumstances of the case, quantity of Ganja alleged to have been recovered from the possession of the applicant coupled with the fact that Section 37 of N.D.P.S. Act has no application in the present case, I am of the view that the applicant has made out a prima facie case for bail. Hence, the bail application is hereby allowed. 7-Let the applicant-Mahendra Mishra, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 8-In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9-It is made clear that observations made in this order are confined to the issue of bail and shall not effect the merit of the case. Order Date :- 5.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad