HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15549 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Pankaj Satsangi, learned counsel for the applicant, Sri Manoj Gautam, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 89 of 2026 under Section 8/18 NDPS Act, registered at Police Station Binawar, District Budaun during pendency of the trial. 3. It has been argued by learned counsel for the applicant that applicant has been falsely implicated in this case and 1.023 kg of Opium is said to have been recovered from the possession of the applicant which is much below the commercial quantity. It is further submitted that criminal history of the applicant has been explained in the memo of application and he is languishing in jail since15.4.2026. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and submits that mandatory provisions of NDPS Act and section 105 BNSS have been complied with. 5. As per the FIR, 1.023 kg of Opium which is much below the commercial quantity is said to have been recovered from the possession of the applicant. Applicant has no criminal history of NDPS Act and he is in jail since 15.4.2026. 6. Upon considering the totality of facts, nature and evidence reflected from record, taking into consideration the provision of Section 37 of the NDPS Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 7. Let the applicant Mohd. Arif involved in the aforesaid case crime be released on Versus Counsel for Applicant(s) : Pankaj Satsangi Counsel for Opposite Party(s) : G.A. Mohd Arif .....Applicant(s) State of U.P. .....Opposite Party(s) bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. May 7, 2026 Madhurima BAIL No. 15549 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad