Neutral Citation No. - 2025:AHC:84813 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33793 of 2024 Applicant :- Dharmveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Yadvendra Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Yadvendra Yadav, learned counsel for the applicant as well as Sri Ashutosh Srivastava, learned AGA for the State and perused the material placed on record. 3. By means of the present application, the applicant seeks bail in Case Crime No. 85 of 2024, under Sections 8/20/29 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station - Ahraura, District - Mirzapur, during the pendency of trial. 4. As per the prosecution story, 152 kg of ganja is stated to have been recovered from the truck which was driven by the applicant on 24.04.2024 at about 04:30 PM by police. 5. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. No incriminating article has been recovered from the possession of the applicant. There is no independent witness to support the prosecution version. There is no chemical analyst report which indicates that the alleged recovery is a contraband article. 6. Learned counsel has further stated that in the said case, it is true that there was no requirement for compliance of Section 50 of NDPS Act but the mandatory provision of Section 52-A of NDPS Act has not been complied with. Much reliance has been placed upon the judgements of Supreme Court passed in Mangilal Vs. State of Madhya Pradesh, 2023 (10) SCR 517 and Yusuf @ Asif vs. State, 2023 AIR SC 5041, whereby the accused persons therein were enlarged on bail on account of non-compliance of mandatory provision of Section 52-A of NDPS Act. 7. Learned counsel has next stated that the applicant is languishing in jail since more than one year i.e. on 25.04.2024 and only one witness has been examined to date, as such, the trial is moving at a snail's pace. His fundamental rights enshrined under Article 21 of the Constitution of India stands violated, as such, he deserves to be released on bail. The conscious possession of the applicant has not been proved. In case, the applicant is released on bail he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra learned A.G.A. has vehemently opposed the bail prayer of the applicant on the ground that the recovery of said contraband is of commercial quantity, as such, the applicant is not entitled for bail. However, learned AGA has not disputed the fact that the applicant has no criminal history and also that there is no compliance of Section 52-A of NDPS Act. 9. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused and there being no compliance of mandatory provision of Section 52-A of the NDPS Act, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed. 10. Let the applicant- Dharmveer Singh, who is involved in aforementioned case crime 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. Order Date:- 20.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad