HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34741 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Mohan Lal Pandey, learned counsel for the accused applicant and learned A.G.A. for the State. 2. The present bail application has been moved by the applicant accused- Alok Patel to enlarge him on bail in Case Crime No. 113 of 2026, under Sections 8/20 /25NDPS Act, P.S.- Gopiganj, District- Bhadohi during the pendency of trial. 3. It is the contention of learned counsel for accused applicant that the FIR has been lodged by the police on 19.3.2026 against eight named persons including the accused applicant with the allegation that the police party intercepted a Maruti Suzuki Car containing 28.362 kg. Ganja from the car. It is further contended that four accused persons Dhirendra Kumar Patel, Mukesh Kumar Patel, Shyam Kumar Bhartiya and Ashish Patel were arrested by the police on the spot in the car. The name of the accused applicant has been taken by these accused persons with the role that accused applicant was driving the car and when intercepted by the police, he has sprinted away. It is further contended that the co- accused, who were arrested on the spot, have already been granted bail by the co-ordinate Bench of this Court in orders dated 28.4.2026, 1.5.2026 and 29.4.2026. It is further contended that the arrest and recovery has been made in absence of independent witness. The mandatory provisions of NDPS Act has not been complied with. The charge sheet has been submitted. The applicant has five cases criminal history, wherein, in four Versus Counsel for Applicant(s) : Jay Kumar Pandey, Mohan Lal Pandey, Nishi Kant Chaturvedi Counsel for Opposite Party(s) : G.A. Alok Patel .....Applicant(s) State of U.P. .....Opposite Party(s) cases, he is on bail and in one case, the bail application is pending. The applicant is languishing in jail since 6.8.2026. He seeks enlargement of accused on bail. 4. Learned A.G.A. has opposed the bail application. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considering that the accused applicant has not been arrested on the spot and his name has been figured out from the statement of the co-accused, who have already been granted bail by the co-ordinate Bench of this Court; the arrest and recovery has been made in absence of independent witnesses and mandatory provisions of NDPS Act has not been complied, which is subject matter of trial, the accused applicant is entitled to be enlarged on bail. 7. In the case of Mohd. Muslim alias Hussain Vs. State (NCT of Delhi) [(2023) 18 SCC 166] the Apex Court observed and held that the rigour under Section 37 of NDPS Act would not come in the way, when the Court deals with the liberty of a person, as more the rigour, quicker ought to be the adjudication. Therefore, considering the facts and circumstances 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 Krishna* BAIL No. 34741 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad