Neutral Citation No. - 2025:AHC:13864 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1690 of 2025 Applicant :- Manisha Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Anil Kumar Ojha, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 865 of 2024, under Sections 8/21/27A/29/60 NDPS Act, Police Station- Robertsganj, District- Sonbhadra, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegation, applicant, who is lady, has been made accused in the present matter along with five others and however, as per allegation, from the possession of applicant and others 120 gm. heroin was recovered and from the individual possession of applicant 30 gm. heroin was recovered but entire recovery is totally false. 4. He further submitted that even alleged recovered contraband does not involve commercial quantity, therefore, provisions of Section 37 NDPS Act are not applicable in the present matter. 5. He further submitted that however, earlier also, applicant has been made accused in a case under the provisions of NDPS Act but in that case, she has already been acquitted and apart from the present case and above case, there is no other criminal antecedents against the applicant. 6. He further submitted that applicant is in jail in the present matter since 13.11.2024. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, form the possession of applicant and five others total 120 gm. heroin was recovered and from the individual possession of applicant 30 gm. heroin was recovered and, therefore, it reflects that from the possession of applicant and others non-commercial quantity of heroin was recovered and, therefore, provisions of Section 37 NDPS Act are not applicable in the present matter. 10. Further, however, apart from the present case, applicant was also made accused in one another case of NDPS Act but in that case, she has already been acquitted. 11. Further, applicant is lady and in the present matter, she is in jail since 13.11.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Manisha Singh 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 27.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad