HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28740 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Shashi Bhushan Rai, 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. 238 of 2025, under Section 8/20/27(a), 29, 60 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Alapur, District Budaun, during the pendency of trial. 4. As per the allegations of the FIR, the applicant alongwith Aalim and Mukarram was travelling in Nexon car no.UP 32KB 8201, which met with an accident on the way and subsequently the police intercepted it and had recovered 75.890 Kg. of Ganja from it on 19.07.2025 at about 11:05 p.m. 5. Learned counsel for the applicant has argued that the co-accused person Mukarram had run away from the scene of occurrence. If the contraband is distributed evenly between the three accused person, it shall fall below the commercial quantity, but the applicant has been falsely implicated in the case as he was seated on the back seat of the car and he was not in the conscious possession of the contraband. The said contraband was in the boot (diggi) of the car. The applicant had taken lift from the driver Aalim on the way. 6. Learned counsel for the applicant has further stated that there is no Versus Counsel for Applicant(s) : Shashi Bhushan Rai Counsel for Opposite Party(s) : G.A. Pawan .....Applicant(s) State of U.P. .....Opposite Party(s) likelihood of applicant repeating the offence, as such, the rigors of Section 137 N.D.P.S. Act do not apply to the instant case. There is no compliance of mandatory provision of Section 52-A of the N.D.P.S. Act. There is no criminal history of the applicant. The applicant is languishing in jail since 20.07.2025. 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 on the ground that the recovery of the contraband article is of commercial quantity. 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- Pawan, 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 12, 2025 (Ravi Kant) BAIL No. 28740 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad