HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28134 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Nitin Sharma, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.199 of 2025, under Section 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Sachendi, District Kanpur Nagar, during the pendency of trial. 4. As per the allegations of the FIR, 440 grams of Charas is said to have been recovered from the possession of the applicant by the police on 24.05.2025 at about 1:55 a.m. 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 recovered contraband is below the commercial quantity. There is no report of the chemical analyst to corroborate the allegations that the alleged contraband is Charas. There is no compliance of mandatory provision of Sections 50 and 52A of the N.D.P.S. Act. There is no previous criminal history of the applicant except a case foisted on the applicant subsequent to the instant case. The applicant is languishing in jail since 24.05.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Nitin Sharma, Sadashiv Tripathi Counsel for Opposite Party(s) : G.A. Mohd. Rizwan .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Learned A.G.A. has vehemently opposed the bail application. 7. In Arif Khan @ Agha Khan v. State of Uttarakhand (2018) 18 SCC 380, in which the Apex 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. 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, prima facie, I find it a fit case for bail. The bail application is allowed. 9. Let the applicant- Mohd. Rizwan, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 26, 2025 (Ravi Kant) BAIL No. 28134 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad