Neutral Citation No. - 2025:AHC:115757 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21762 of 2025 Applicant :- Shyamu Opposite Party :- State of U.P. Counsel for Applicant :- Akhil Yadav,Narendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant as well as learned Additional Government Advocate representing the State. 2. By means of this bail application, the applicant- Shyamu, who is involved in Case Crime No. 102 of 2025, under Sections 8/20 of Narcotic Drugs and Psychotropic Substance Act, P.S. Pipri, District Kaushambi is seeking enlargement on bail during the trial. 3. It is submitted by learned counsel for the applicant that applicant is being prosecuted on account of recovery of 4 kilograms and 100 grams of ganja from his possession, in fact, nothing has been recovered from the possession of the applicant as alleged by the prosecution. It is further submitted that alleged recovery of 4 kilograms and 100 grams of ganja is below commercial quantity. Much emphasis has been given by contending that the mandatory provisions of Section 50 of NDPS Act has not been complied with which creates doubt upon the prosecution case. The applicant has no criminal history, who is languishing in jail since 12.05.2025. Lastly it is submitted that in case applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial. 4. Learned Additional Government Advocate representing the State opposed the prayer of bail of the applicant. 5. Having heard the submission of learned counsel for the parties and perusing the record, I find that the alleged recovery of ganja was made from a bag which was carrying by the applicant on his left hand. The applicant was not informed about his legal right in terms of Section 50 of NDPS Act. The required option for taking his search either before the Magistrate or the Gazetted Officer was also not given to him. Hence, the said provision has not been complied with. 6. Considering the 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-Shyamu, 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. Order Date :- 17.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad