HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31203 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ashutosh Mishra, 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.230 of 2025, under Section 8/18 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 is said to have been apprehended by the police and 638 gram of Opium is said to have been recovered from his possession. 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 allegations are per se false and the recovered contraband is below the commercial quantity. In all 1.433 Kg. of Opium is stated to have been recovered from two persons in all, which is also below the commercial quantity. 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. There is no criminal history of the applicant. The applicant is languishing in Versus Counsel for Applicant(s) : Ankur Mishra, Ashutosh Mishra Counsel for Opposite Party(s) : G.A. Mohd. Asif .....Applicant(s) State of U.P. .....Opposite Party(s) jail since 9.7.2025. 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. 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- Mohd. Asif, 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 18, 2025 Vikas Verma BAIL No. 31203 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad