Neutral Citation No. - 2025:AHC:125789 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25895 of 2025 Applicant :- Abhishek Alias Gaurav Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh,Sudarshan Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sudarshan Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 450 of 2025, under Sections 8/21 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Fareedpur, District- Bareilly, during the pendency of trial. 4. As per the allegations of the FIR, the applicant is said to have been apprehended by the police on 15.06.2025 at about 07:00 PMand 26 grams of smack is said to have been recovered from his possession. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The alleged recovered contraband is below commercial quantity. There is no compliance of mandatory provision of Section 52-A of the N.D.P.S. Act. The applicant is languishing in jail since 16.06.2025 having criminal history of two cases which stands explained and none of them is under NDPS Act. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application on the ground that there is criminal history of 2 cases assigned to the applicant. 7. In Arif Khan @ Agha Khan v. State of Uttarakhand (2018) 18 SCC 380, in which the Supreme Court 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. 8. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 9. 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. 10. Let the applicant- Abhishek Alias Gaurav Gupta, who is involved in aforementioned case 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 shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 29.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad