HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30653 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Manoj Kumar Pandey, learned counsel for the applicant as well as Sri Abhishek Mishra, 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. 133 of 2025, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station - Dilari, District - Moradabad, during the pendency of trial. 4. Learned counsel for the applicant has stated that a false recovery of one kilogram charas has been shown from the possession of the applicant by police. The police has acted at the behest of neighbour to whom the applicant had an altercation. 5. Learned counsel has further stated that the said contraband has deliberately been inflated to commercial quantity. If the packaging of the said contraband is excluded, the same may fall below commercial quantity. There is no compliance of mandatory provision of Section 105 BNSS and also the provision of Section 52A of NDPS Act with regard to search and seizure. 6. Learned counsel has next stated that the applicant has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. No incriminating article has been recovered from the Versus Counsel for Applicant(s) : Abhinav Singh, Manoj Kumar Pandey, Sarvind Kumar Pandey, Saurabh Pandey Counsel for Opposite Party(s) : G.A. Ible Hasan .....Applicant(s) State of U.P. .....Opposite Party(s) 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. He is languishing in jail since 17.06.2025, having no criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail he will not misuse the liberty of bail and shall cooperate with trial. 7. Per contra learned A.G.A. has vehemently opposed the bail prayer of the applicant but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 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, at this stage without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed. 9. Let the applicant- Ible Hasan, 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. 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 16, 2025 Siddhant BAIL No. 30653 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad