Neutral Citation No. - 2025:AHC:26687 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34110 of 2024 Applicant :- Deepak Kumar Pradhan Opposite Party :- State of U.P. Counsel for Applicant :- Indra Deo Mishra,Pankaj Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard the learned counsel for the parties and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 59 of 2024, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Chitaipur, District Varansi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police on 13.04.2024 against four persons including the applicant stating that on the basis of information received from a mukhbir a Swift Dezire car was intercepted which was being driven by the applicant and a co-accused Sandeep Raul was sitting in it. Two sacks were kept in the boot of the car, one containing 24.010 kilograms and other containing 16.700 Kilograms of ganja. The checking was carried out in presence of Assistant Police Commissioner and two samples of 50 grams each were taken for testing from each of sacks. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The bail application was filed on 10.09.2024. On 13.09.2024 two weeks' time was granted to the State for filing counter affidavit, but no counter affidavit is available on record. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the samples were drawn in presence of Police Officer, whereas Section 52-A of Narcotic Drugs and Psychotropic Substances Act mandates that the samples should be drawn in presence of Magistrate so as to ensure independent supervision of the process; that from the narration made in the recovery memo it is evident that single samples were drawn from both the sacks whereas the samples are required to be drawn in duplicate; that the applicant has no previous criminal history and he is languishing in jail since 13.04.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Deepak Kumar Pradhan 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 magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 25.2.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad