HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32200 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Rajiv Kumar Mishra, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.274 of 2025, under Section 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Echotech-IIIrd, District- Gautam Buddh Nagar, during the pendency of trial. 4. As per the allegations of the FIR, a total of 41 Kg. and 330 gram of Ganja is stated to have been recovered from five cartons, which were recovered from the joint possession of six persons in all. 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 said contraband does fall within the category commercial quantity, but if apportioned equally, it will fall below the commercial quantity. The applicant has been implicated in this case by the police just to show good work. 6. It is further argued by learned counsel for the applicant that there is no compliance of mandatory provision of Section 52A of the N.D.P.S. Act and also there is no chemical analyst's report to corroborate that the recovered Versus Counsel for Applicant(s) : Akash Kumar Pathak, Rajiv Kumar Mishra Counsel for Opposite Party(s) : G.A. Sharansh Srivastav .....Applicant(s) State of U.P. .....Opposite Party(s) contraband is Ganja. There is no criminal history of the applicant. The applicant is languishing in jail since 15.7.2025. 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 on the ground that the said recovery is not from the personal search rather cartoons, as such, the rigors of Section 50 of NDPS Act do not apply to the instant case and there is compliance of the provisions of NDPS Act. 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, without commenting on the merits of the case, prima facie, I find it a fit case for bail. 9. Let the applicant- Sharansh Srivastav, 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. 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 19, 2025 Vikas Verma BAIL No. 32200 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad