HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30694 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri A.Z.Khan, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 117 of 2025, under Section 8/21 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station-Gagalheri, District-Saharanpur, during the pendency of trial. 5. As per the allegations of the FIR, the applicant is said to have been apprehended by the police on 28.06.2025 and 11 grams of smack is said to have been recovered from his possession. 6. 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. There is no compliance of mandatory provision of Section 50 & 52A of the N.D.P.S. Act. The contraband alleged to have been recovered is below commercial quantity. Criminal history of one case stands explained. The applicant is languishing in jail since 28.06.2025. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. 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. Versus Counsel for Applicant(s) : A.Z.Khan Counsel for Opposite Party(s) : G.A. Aaftab .....Applicant(s) State of U.P. .....Opposite Party(s) 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- Aaftab, 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. September 16, 2025 Karan BAIL No. 30694 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad