Neutral Citation No. - 2025:AHC:121856 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23716 of 2025 Applicant :- Mahesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rajesh Kumar, learned counsel for the applicant as well as Sri Deepak Kumar Singh, learned AGA for the State and perused the material placed on record. 3. By means of the present application, the applicant seeks bail in Case Crime No. 147 of 2025, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station - G.R.P., District - Jhansi, during the pendency of trial. 4. As per the prosecution story, 16.605 kg of ganja is stated to have been recovered from the possession of the applicant by police on 07.05.2025 at about 09:30 AM. 5. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case by the police just to show good work. No incriminating article has been recovered from the possession of the applicant. There is no independent witness to support the prosecution version. There is no chemical analyst report which indicates that the alleged recovery is a contraband article. The recovered contraband is below commercial quantity. 6. Learned counsel has further stated that there is no compliance of Sections 50 & 52-A of NDPS Act with regard to search and seizure. Learned counsel has relied upon the case of Arif Khan @ Agha Khan Vs. State of Uttarakhand, (2018) 18 SCC 380 in which the Supreme Court has held that section 50 of the NDPS Act mandatorily required search of the suspect/accused to be carried out in the presence of a magistrate or Gazetted officer, even if such a suspect/accused had waived the right to be taken to a magistrate or Gazetted officer. The applicant is languishing in jail since 07.05.2025, having no criminal history to his credit deserves to be released on bail. In case, the applicant is released on bail he will not misuse the liberty of bail and shall cooperate with trial. 7. Per contra learned A.G.A. has vehemently opposed the bail prayer of the applicant but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history and the alleged contraband is below commercial quantity. 8. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed. 9. Let the applicant- Mahesh Kumar, who is involved in aforementioned 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 24.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad