Neutral Citation No. - 2025:AHC:110228 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24258 of 2024 Applicant :- Munesh Alias Manish Pal Opposite Party :- State of U.P. Counsel for Applicant :- Ranjeet Singh Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Heard Sri Karunesh Pratap Singh, learned Advocate holding brief of Sri Ranjeet Singh, appears for the applicant, learned A.G.A. for the State and perused the record of the case. 2. The present bail application under Section 439 of Cr.P.C. has been filed on behalf of applicant, Munesh alias Manish Pal with a prayer to release him on bail in Case Crime No.03 of 2024, under Sections 419, 420, 467, 468, 471, 120B IPC and Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Girwan, District- Banda. 3. Learned counsel appears for the applicant submits that the accused-applicant has been falsely implicated in the case by the police by registering FIR against six named persons with the allegations that the accused Munesh alias Manish Pal (applicant), Nagendra Singh and Pradeep Kumar Nai were shown in the vehicle D.C.M. shifting the Narcotics drugs Ganja weighted 6 quintal 20 kg. to Bolero vehicle, in possession of Arun @ Pawan Shivhare and Natthu Yadav. The other allegations leveled in the FIR is the incorrect display of number plate of the vehicle. It is further submitted that the contraband has been confiscated and accused persons have been arrested in absence of independent witness. The mandatory provisions of N.D.P.S. Act have not been complied. The accused is in jail since January, 2024. It is further submitted that two co-accused namely Natthu Yadav and Nagendra Singh have already been granted bail by the coordinate Bench of this Court. 4. Per contra learned A.G.A. has opposed the bail prayer of the applicant and submitted that the charge sheet has been submitted and trial is pending. It is further submitted that huge quantity of drugs (Ganja) has been confiscated from the possession of the accused. 5. Considered the rival submissions and perused the record. 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. The record prima facie shows that the charge sheet has been submitted against the applicant. No independent witness of arrest and recovery. The mandatory provisions of N.D.P.S. Act are subject to trial. The accused is in jail since January, 2024 and trial is continuing. 7. Hence, without touching the merit of the case, the bail application is allowed. 8. The accused/applicant- Munesh Alias Manish Pal 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 court concerned. Order Date :- 10.7.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad