Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51083 of 2022

Applicant :- Kamal

Opposite Party :- State of U.P.

Counsel for Applicant :- Jai Prakash Singh,Raj Kiran Chaudhary

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

1. Heard Sri Raj Karan Chaudhary, learned counsel for the

applicant and Sri Amit Kumar Shukla, learned Brief Holder, for

the State.

2. The instant bail application has been moved on behalf of the

applicant with the prayer to release him on bail in Case Crime

No.150 of 2022 under Section 8/22 NDPS Act, Police Station

GRP Cantt., District Varanasi during pendency of the trial.

3. According to the FIR, from the possession of applicant

110gm. of Alprazolam powder was recovered.

4. Learned counsel for the applicant submits that the entire

allegation against the applicant is totally false and baseless and

nothing incriminating has been recovered from his possession.

He further submits that at the time of alleged recovery

mandatory provisions of Section 50 of NDPS Act have not been

complied with in its letter and spirit. He further urged that

although commercial quantity of Alprazolam powder is 100gm.

but from the possession of applicant 110gm of Alprazolam

powder was recovered which is only 10gm. more than

commercial quantity of Alprazolam power, therefore,

possibility cannot be ruled out that the alleged recovered

Alprazolam powder was less than commercial quantity.

5. He next submits that after arrest applicant has been

implicated in three other criminal cases of theft and except

these three cases, applicant is not having any criminal history.

and in the present matter he is in jail since 25.6.2022.

6. Per contra, learned AGA although opposed the prayer for

bail but could not dispute the fact that only 10gm. more than

commercial quantity of Alprazolam powder was recovered from

the possession of applicant and he not not having any criminal

history of NDPS Act and in the present matter he is in jail since

June, 2022.

7. I have heard learned counsel for the parties and perused the

record of the case.

8. From the possession of applicant 110gm. Alprazolam power

was recovered which is 10 gram more than commercial quantity

of 100gm., therefore, possibility cannot be ruled out that alleged

Alprazolam powder may be even less than 100gm. Therefore,

considering the fact that only 10gm more than commercial

quantity is alleged to have been recovered from the possession

of applicant and applicant is in jail since June, 2022 and he is

not having criminal history of NDPS Act, in my view,

applicant is entitled to be released on bail.

9. In the light of discussions made above, without expressing

any opinion on the merits of the case, the instant bail

application is allowed.

10. Let the applicant-Kamal 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 the court

concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates

fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make

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 any police officer or tamper with the

evidence.

(iii) The applicant shall not indulge in any criminal and anti-

social activity.

11. In case of breach of any of the above condition, the

prosecution will be at liberty to move an application before this

Court for cancellation of the bail of the applicant.

Order Date :- 18.1.2023

SKM

Digitally signed by :-

SHRAVANA KUMAR MISHRA

High Court of Judicature at Allahabad