Neutral Citation No. - 2024:AHC:200025 Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42829 of 2024 Applicant :- Farukh Opposite Party :- State of U.P. Counsel for Applicant :- Vineet Singh Parmar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. The accused-applicant seeks bail in Case Crime No.344 of 2024, under Sections 8/21/29 N.D.P.S. Act, Police Station Gangoh, District Saharanpur.

Learned counsel for the applicant submits that the applicant has been falsely implicated. Applicant's name disclosed as seller of the contraband/narcotic substance in the statement of the co-accused Pradeep Saini @ Mintu. Nothing incriminating has been recovered from the possession of the applicant. He submits that mandatory provisions of Section 50 of N.D.P.S. Act has not been followed in this case. The alleged recovery is below the commercial quantity. There is no compliance of Section 55 and 52-A of NDPS Act. The applicant is in jail since 28.10.2024 and he has explained the criminal history of three cases. Co-accused, namely, Pradeep Saini Alias Mintu, has already been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 34197 of 2024 vide order dated 15.10.2024. Hence, bail has been prayed for. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the facts that the applicant is in jail since 28.10.2024, recovered quantity is below commercial, the applicant has explained the criminal history and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed.

Let the applicant- Farukh, involved in Case Crime No.344 of 2024, under Sections 8/21/29 N.D.P.S. Act, Police Station Gangoh, District Saharanpur, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 19.12.2024 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad