Neutral Citation No. - 2025:AHC:13848 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33479 of 2024 Applicant :- Shahrukh Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Amit Kumar Pandey, learned counsel for the applicant, Sri Obaidur Rahman Khan, learned counsel for the informant and Sri Ramendra Pal Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Shahrukh, seeking enlargement on bail in Case Crime No.288 of 2024, under Section 8/20 N.D.P.S.Act, Police Station Mainather, District Moradabad. It has been submitted that the applicant is innocent and has been falsely implicated in this very case. The applicant was arrested on 16.08.2024 and 1 kg 75 grms charas and some money was recovered from his possession. It is alleged that the recovery of the contraband from the possession of the applicant is planted one. It is argued that mandatory provisions of Sections 41, 50, 52A of the N.D.P.S. Act have not been complied with and the mandatory provisions of the N.D.P.S. Act and the 2022 Rules. The recovery is marginally over the commercial quantity. The applicant has criminal history of three cases including the present case which have been duly explained in para 8 of the affidavit filed in support of bail application. The Bail Application of the applicant was rejected by the learned Additional Sessions Judge Court no.7, Moradabad vide order dated 27.08.2024 and the applicant is confined in jail since 17.08.2024. It is submitted that the applicant belongs to a respectable family and has movable and immovable property and there is no chance of absconding and tampering with the prosecution witnesses. Hence bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail but could not dispute the submissions of the learned counsel for the applicant. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Shahrukh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 27.1.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad