Neutral Citation No. - 2025:AHC:80889 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31112 of 2024 Applicant :- Satyam Yadav Opposite Party :- State of U.P. Counsel for Applicant :- P.K. Singh,Sunil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri P.K. Singh, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 28 of 2024, under Sections 8/20/29 N.D.P.S. Act, Police Station Nandganj, District Ghazipur during pendency of the trial. 3. Learned counsel for the applicant submits, this is second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed by this Court after considering the fact that from the possession of applicant and his father 26.3 Kgs. Ganja was recovered, which is commercial quantity but the instant bail application is being pressed on the ground that from the chemical analysis report, it reflects, in the alleged recovered contraband along with Ganja, Bhang was also found, therefore, precisely at this stage it cannot be said that more than commercial quantity of Ganja (20 Kgs.) was recovered from the possession of applicant. 4. He further submits, in the present matter applicant is in jail since 26.02.2024 i.e. for last more than a year and till date only four witnesses could be examined out of 11 witnesses of the charge- sheet. 5. He further submits, applicant is not having any criminal history. 6. Per contra, learned AGA opposed the prayer for bail and submitted that this is second bail application filed on behalf of the applicant and first bail application of the applicant was dismissed by this Court after considering the fact that from the possession of the applicant and his father 26.3 Kgs. Ganja was recovered, which is commercial quantity but he fairly conceded, from the FSL report, it reflects, in the alleged recovered contraband along with Ganja, Bhang was also present. 7. Learned AGA further could not dispute the fact that in the present matter applicant is in jail since February, 2024 i.e. for last more than a year and till date only four prosecution witnesses could be examined out of eleven witnesses of the charge-sheet and applicant is not having any criminal history. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, this is second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed after considering the fact that from the possession of applicant and his father 26.3 Kgs. Ganja was recovered which is commercial quantity but it reflects, now FSL report is on record which suggests that in the recovered contraband along with Ganja Bhang was also present and considering this fact, the argument advanced by learned counsel for the applicant that it cannot be said that more than 20 Kgs. i.e. commercial quantity of Ganja was recovered from the possession of applicant and another accused, cannot be ruled out. 10. Further, in the present matter applicant is in jail since 26.02.2024 i.e. for last more than a year and till date out of eleven witnesses only four witnesses could be examined. 11. Further, applicant is not having any criminal history. 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 - Satyam Yadav 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 :- 15.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad