HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 3328 of 2026 Court No. - 70 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the accused-applicant, learned A.G.A. for the State and perused the material available on record. 2. This bail application has been moved on behalf of the accused-applicant/ Praveen Jain, for grant of bail, in Case Crime No. 329 of 2025, under Sections 8, 21, 22 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Civil Lines, District Muzaffarnagar, during pendency of trial. 3. Learned counsel for accused-applicant, while pressing the bail application, submits that, the accused-applicant has been falsely implicated in the instant case and has not committed any offence, as alleged by the prosecution. The applicant is running a medical store, holding a valid license under the provisions of Drugs and Cosmetics Act, to sell, stock, exhibit or offer for sale the scheduled drugs in retail as well as in wholesale. He further submits that, 202 gm. of Alprazolam tablet, Dicyclomine Tramadol HCL Spasmo blue and brown capsules is alleged to have been recovered from the possession of the applicant. In fact, no such recovery was effected from the applicant. It is further submitted that, since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that, in the present case the prosecution has failed to follow strictly the provisions of Section 50 and 52A of the N.D.P.S. Act. It is also submitted that, alprazolam tablets, which are alleged to be recovered from the possession of the applicant, are having 0.14 gm weight per tablet and total weight of the tablets is 90.30 gms, which is below the Versus Counsel for Applicant(s) : Ankit Srivastava, Sr. Advocate, Umesh Chandra Shukla Counsel for Opposite Party(s) : G.A. Praveen Jain .....Applicant(s) State of U.P. .....Opposite Party(s) commercial quantity. The applicant, who is in jail since 21.12.2025, 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. 4. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will again indulge in similar activity. 5. Considering the facts of the case, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances and the quantity of drug (alprazolam), which is below the commercial quantity, but without expressing any opinion on the merits, I am of the view that, it is a fit case for grant of bail. The bail application is allowed. 6. Let the accused-applicant/ Praveen Jain, involved in aforesaid case, be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted. BAIL No. 3328 of 2026 2 9. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. April 9, 2026 Gurpreet Singh BAIL No. 3328 of 2026 3 (Harvir Singh,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad