Neutral Citation No. - 2025:AHC:125751 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25835 of 2025 Applicant :- Ballu Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar,Sanjay Pathak 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 of U.P. 2. By means of this bail application, applicant-Ballu, who is involved in Case Crime No. 277 of 2025, under Sections 8/18 N.D.P.S. Act, Police Station Kotwali, District Shahjahanpur 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 2kgs and 14 grams of opium from his possession. He next submits that 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 2kgs and 14 grams of opium is below commercial quantity, therefore, provisions of Section 37 of N.D.P.S. Act is not attracted in this case. There is a violation of Section 50 N.D.P.S. Act. The applicant has criminal history of two cases and in both the cases, applicant is on bail, averment in this regard has been made in paragraph no. 23 of the bail application. The applicant is languishing in jail since 20.06.2025. The applicant undertakes that in case he 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 but could not dispute the factum of the case as argued on behalf of the applicant. 5. Considering the quantity of opium 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. 6. Let the applicant-Ballu, 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. 7. 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 :- 29.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad