Allahabad High Court
NARESH KUMAR @ GUNDAversusSTATE OF U.P.
- Decided
Holding
The Court held that bail should be granted in the present case.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Naresh Kumar, who was arrested in a case under Sections 21 and 22 of the NDPS Act for allegedly possessing 463 g of diazepam powder. The applicant argued that he was innocent, that the seized quantity was below commercial levels, that he had no prior criminal record, and that mandatory provisions of Section 50 of the NDPS Act—requiring recovery in the presence of a gazetted officer—were not complied with. The State opposed bail, contending that the mandatory requirements of Section 105 of the BNSS had been satisfied. The Court, after reviewing the facts and the provisions of Section 37 of the NDPS Act, concluded that the case was suitable for bail and ordered the applicant’s release on a personal bond of Rs 50,000 with two sureties, subject to several conditions. The order expressly limited its scope to the bail application and did not comment on the merits of the underlying criminal case.
Issues considered
- Whether the bail application under Section 483 of the BNSS, 2023, should be granted in a case under Sections 21/22 of the NDPS Act.
- Whether the mandatory requirements of Section 50 of the NDPS Act and Section 105 of the BNSS have been complied with.
- Whether the quantity of the seized narcotic (463 g) falls below the commercial quantity threshold warranting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 105, 351, 483
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 22, 37, 50
Subjects
- bail
- NDPS Act
- drug possession
- Section 50 compliance
- Section 105 BNSS
- commercial quantity
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12990 of 2026
Naresh Kumar @ Gunda
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mayank
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Mayank, learned counsel for the applicant and Sri Radhey
Shyam, learned AGA for the State-respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant with a
prayer to release him on bail in Case Crime No. 181 of 2026, under
Section 21/22 NDPS Act, registered at Police Station Highway, District
Mathura, during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this case and
he has been languishing in jail since 26.2.2026. It is further submitted that
463gram diazepam powder is said to have been recovered from the
possession of the applicant, however, mandatory provisions of Sections
50 of NDPS Act have not been complied with. It is also submitted that
alleged recovered contraband is below the commercial quantity and the
applicant is having no criminal history. It is also submitted that the
applicant undertakes that he will not misuse the liberty, if granted. It has
also been pointed out that in the wake of heavy pendency of cases in the
Court, there is no likelihood of any early conclusion of trial.
4. On the other hand, learned A.G.A. has opposed the prayer for grant of
bail to the applicant and it is submitted that mandatory provisions of
Section 105 BNSS have been complied with.
BAIL No. 12990 of 2026
2
5. 463gram diazepam powder is said to have been recovered from the
possession of the applicant and it is submitted that mandatory provisions
of Sections 50 of NDPS Act have not been complied with as there is no
mention that the alleged recovery of contraband has been made in the
presence of gazetted officer. The alleged recovered contraband is below
the commercial quantity and the applicant is having no criminal history.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and also taking into consideration the provision of Section 37
of the NDPS Act and without expressing any opinion on merits of the
case, I find it to be a fit case for bail. Hence, the present bail application is
ALLOWED.
7. Let the applicant- Naresh Kumar @ Gunda involved in the aforesaid
case crime be released on bail on his furnishing a personal bond of Rs.
50,000/- with two sureties each in the like amount to the satisfaction of
the Court concerned with the following conditions :-
(i) 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.
(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not
seek any adjournment on the dates fixed for evidence when the witnesses
are present in the trial court.
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
BAIL No. 12990 of 2026
3
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as
an expression on the merits of the case. The trial court shall be absolutely
free to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
(Jitendra Kumar Sinha,J.)
April 20, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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