HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32192 of 2025 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Learned A.G.A. has filed counter affidavit. The same is taken on record. 1A. Sri Vijay Pal, learned counsel for the applicant hands up the rejoinder affidavit. The same is taken on record. 1B. Heard Sri Pal, learned counsel for the accused-applicant and learned A.G.A. for the State. 2. The present bail application has been moved by the accused-applicant Anwar to enlarge him on bail in Case Crime No. 78 of 2025, under Sections 20 of NDPS Act, P.S.- Khurja Nagar, District- Bulandshahr, during the pendency of trial. 3. It is contended by learned counsel for the accused-applicant that the police persons had falsely implicated the accused-applicant in F.I.R. dated 28.01.2025, wherein 1200 tablets of alprazolam has been recovered from the possession of accused-applicant while the police was on petrol duty. The arrest and recovery has been made in the absence of independent witness. The mandatory provisions of NDPS Act has not been complied with. The applicant has 8 cases criminal history, in seven cases, he is on bail and in one case, the bail application has not been moved, which is of Gangster Act and invoked after the present case. The charge sheet is submitted. The trial is still at the nascent stage. The applicant is in jail Versus Counsel for Applicant(s) : Achyuta Nand Pandey, Adarsh Srivastava, Anand Prakash Pandey, Reena Pal, Vijay Pal Counsel for Opposite Party(s) : G.A. Anwar .....Applicant(s) State of U.P. .....Opposite Party(s) since 29.01.2025 and hence, the applicant seeks to be released on bail. 4. Learned A.G.A. for State has opposed the prayer for bail of the applicant, but could not dispute the aforesaid facts. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considered that the arrest and recovery has been made in the absence of independent witness. The mandatory provisions of NDPS Act is a subject matter of trial, which is still at the nascent stage. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 30, 2026 Shivangi BAIL No. 32192 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad