PRAVEEN JAINversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD

      CRIMINAL MISC. BAIL APPLICATION No. - 3328 of 2026

Praveen Jain
                                                               .....Applicant(s)
                                    Versus
State of U.P.
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)      : Ankit Srivastava, Sr. Advocate, Umesh
                                Chandra Shukla
Counsel for Opposite Party(s) : G.A.

Court No. - 70
                      HON'BLE HARVIR SINGH, J.

1. Heard learned counsel for the accused-applicant, learned A.G.A. for the
State and perused the material available on record.

2. This bail application has been moved on behalf of the accused-applicant/
Praveen Jain, for grant of bail, in Case Crime No. 329 of 2025, under
Sections 8, 21, 22 of Narcotic Drugs and Psychotropic Substances Act,
1985, Police Station Civil Lines, District Muzaffarnagar, during pendency of
trial.

3. Learned counsel for accused-applicant, while pressing the bail application,
submits that, the accused-applicant has been falsely implicated in the instant
case and has not committed any offence, as alleged by the prosecution. The
applicant is running a medical store, holding a valid license under the
provisions of Drugs and Cosmetics Act, to sell, stock, exhibit or offer for
sale the scheduled drugs in retail as well as in wholesale. He further
submits that, 202 gm. of Alprazolam tablet, Dicyclomine Tramadol HCL
Spasmo blue and brown capsules is alleged to have been recovered from the
possession of the applicant. In fact, no such recovery was effected from the
applicant. It is further submitted that, since such recovery is not supported by
independent witness, possibility of his false implication in the crime cannot
be ruled out. It is next contended that, in the present case the prosecution has
failed to follow strictly the provisions of Section 50 and 52A of the N.D.P.S.
Act. It is also submitted that, alprazolam tablets, which are alleged to be
recovered from the possession of the applicant, are having 0.14 gm weight
per tablet and total weight of the tablets is 90.30 gms, which is below the
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commercial quantity. The applicant, who is in jail since 21.12.2025, having
no criminal history to his credit, deserves to be released on bail. In case, the
applicant is released on bail, he will not misuse the liberty of bail.

4. Per contra learned A.G.A. has opposed the bail prayer of the applicant by
contending that the innocence of the applicant cannot be adjudged at pre trial
stage, who is involved in supplying contraband, therefore, the applicant does
not deserve any indulgence. In case, the applicant is released on bail, he will
again indulge in similar activity.

5. Considering the facts of the case, the nature of accusations, the nature of
evidence in support thereof, the severity of punishment which conviction
will entail, the character of the accused-applicant, circumstances which are
peculiar to the accused, reasonable possibility of securing the presence of the
accused at the trial, reasonable apprehension of the witnesses being
tampered with, the larger interest of the public/ State and other
circumstances and the quantity of drug (alprazolam), which is below the
commercial quantity, but without expressing any opinion on the merits, I am
of the view that, it is a fit case for grant of bail. The bail application is
allowed.

6. Let the accused-applicant/ Praveen Jain, involved in aforesaid case, be
released on bail on furnishing a personal bond with two sureties in the like
amount to the satisfaction of the court concerned subject to following
conditions:-

     (i) The applicant shall not tamper with the prosecution evidence
     by intimidating/pressurizing the witnesses, during the
     investigation or trial.

     (ii) The applicant shall cooperate in the trial sincerely without
     seeking any adjournment.

     (iii) The applicant shall not indulge in any criminal activity or
     commission of any crime after being released on bail.

7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.

8. Identity, status and residence proof of the applicant and sureties be
verified by the Court concerned before the bonds are accepted.
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                                    9. Observations made herein-above by this court are only for the purpose of
                                    disposal of this bail application and shall not be construed as an expression
                                    of this Court on the merits of the case.

                                    April 9, 2026
                                    Gurpreet Singh
                                                                                              (Harvir Singh,J.)




Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad