HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31832 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Anuj Bajpai, learned counsel for the applicant as well as Sri Ram Mohit Yadav, 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. 0232 of 2025, under Sections 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station - Shera Mau South, District - Shahjahanpur, during the pendency of trial. 4. As per the prosecution story, 2.43 kg of opium is stated to have been recovered from the possession of the applicant by police on 30.07.2025. 5. Learned counsel for the applicant has 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 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. The recovered contraband is below commercial quantity. 6. Learned counsel has further stated that the rigor of Section 37 of NDPS Act has not been applied to the instant case. The applicant is languishing in jail since 30.07.2025, having no criminal history to his credit, deserves Versus Counsel for Applicant(s) : Anuj Bajpai Counsel for Opposite Party(s) : G.A. Prateek Kumar Prabhakar .....Applicant(s) State of U.P. .....Opposite Party(s) 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- Prateek Kumar Prabhakar, 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 17, 2025 Siddhant BAIL No. 31832 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad