HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32637 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Kapil Tyagi, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 240 of 2025, under Section 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Phase-2, District Gautam Budh Nagar, during the pendency of trial. 4. As per the allegations of the FIR, 29 kg of ganja is said to have been recovered from the possession of the applicant on 21.05.2025 at about 11:57 p.m. 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. The said contraband is leaves of cannabis plant which does not fall within the definition of Section 2(iii)(b) of N.D.P.S. Act. 6. Learned counsel for the applicant has placed reliance on the judgment passed by co-ordinate Benche of this Court in Criminal Misc. Bail Application No.13598 of 2025 titled as 'Anuj Kumar vs. State of U.P.' decided on 16.05.2025, paragraph no.3 of which is quoted hereinbelow :- " Learned counsel for the applicant has contended as per case set up by prosecution, 102 Kg. of green colour dried leaf was recovered from three bags carried by the applicant and co- Versus Counsel for Applicant(s) : Kapil Tyagi Counsel for Opposite Party(s) : G.A. Ranjan Pradhan .....Applicant(s) State of U.P. .....Opposite Party(s) accused persons, which after smell, seems to be Ganja leaf. Learned counsel for the applicant submits that as per Section 2 (iii) (b) of Narcotic Drugs & Psychotropic Substance Act, 1985, dried leaf do not fall within the definition of Ganja. Section 2 (iii) (b) of Narcotic Drugs & Psychotropic Substance Act, 1985 is as under:- "2(iii)(b). Ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and" 7. Learned counsel for the applicant has also placed reliance on another judgment of this Court passed in Criminal Misc. Bail Application No.36395 of 2022 titled as 'Pramod Kumar Yadav vs. N.C.B. and another' decided on 22.12.2022 in which same fact has been reiterated by the co-ordinate Bench of this Court. 8. The applicant is languishing in jail since 22.05.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned State Law Officer has vehemently opposed the bail application. 10. 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. 11. Let the applicants - Ranjan Pradhan, 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 shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. BAIL No. 32637 of 2025 2 13. 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. (Krishan Pahal,J.) September 23, 2025 Sumit S BAIL No. 32637 of 2025 3 Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad