HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31751 of 2026 Court No. - 68 (Sr. No.48 out of 318) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Birendra Kumar, Advocate holding brief of Sri Ajai Kumar, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.163 of 2026, under Section 8/21 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Shahi, District Bareilly, during the pendency of trial. 4. Learned counsel for the applicant has argued that 75 grams of smack is said to have been recovered from the possession of the applicant, which is below the commercial quantity. The applicant has been implicated in the present case by the police to show good work. There is no compliance of mandatory provisions of Section 52-A of the N.D.P.S. Act. There is no criminal history of the applicant. The applicant is languishing in jail since 27.05.2026. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that there is no compliance with the mandatory provisions of Section 52-A of the N.D.P.S. Act, and without expressing any opinion on the Versus Counsel for Applicant(s) : Ajai Kumar, Sumat Singh Yadav Counsel for Opposite Party(s) : G.A. Fardeen .....Applicant(s) State of U.P. .....Opposite Party(s) merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Fardeen, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. September 9, 2026 (Ravi Kant) BAIL No. 31751 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad