Neutral Citation No. - 2025:AHC:109155 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22828 of 2025 Applicant :- Ganesh Prasad Rathaur Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Singh Tomar,Subhash Gosain Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Heard Sri Subhash Gosain, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the case. 2. The present bail application under Section 483 B.N.S.S. has been filed on behalf of applicant, Ganesh Prasad Rathaur with a prayer to release him on bail in S.S.T. No. 08 of 2025, arising out of Case Crime No. 845 of 2024, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Kotwali Orai, District- Jalaun. 3. Learned counsel for the applicant has contended that 135 Kg. of Ganja is alleged to have been recovered from the vehicle in which, applicant and co-accused persons were travelling. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. It is further submitted that the co-accused Manoj Raikwar and Pramod Sen have already been granted bail by the coordinate Bench of this Court. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant, who is in jail since 26.12.2024 having no criminal history to his credit, deserves to be released on bail on the ground of parity and long incarceration. In case the applicant is released on bail he will not misuse the liberty of bail. 4. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that huge quantity of contraband is recovered which attract Section 37 of N.D.P.S. Act. The applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity. 5. It is settled position of law that bail is the rule and committal to jail is an exception as propounded in the case of State of Rajasthan Vs. Balchand @ Baliay (1977) 4 SCC 308, the Apex Court observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution and opined para 2 "The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like, by the petitioner who seeks enlargement on bail from the court. We do. not intend to be exhaustive but only illustrative." and considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Gudikanti Narasimhulu And Ors vs Public Prosecutor, High Court Of Andhra Pradesh, (1928) 1 SCC 240 larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. 6. In the case of Mohd. Muslim alias Hussain Vs. State (NCT of Delhi) [(2023) 18 SCC 166] the Apex Court observed and held that the rigour under Section 37 of N.D.P.S. Act would not come in the way, when the Court deals with the liberty of a person, as more the rigour, quicker ought to be the adjudication. 7. Without expressing any opinion on the merits, considering that the applicant-accused is in jail since December, 2024 and there is nothing on record to show early conclusion of trial. Let the applicant Ganesh Prasad Rathaur involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 9.7.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad