Allahabad High Court
SAMEERversusSTATE OF U.P.
- Decided
Holding
Bail was granted to the applicant.
Summary
The Allahabad High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Sameer, who was arrested in a NDNDPS case (Crime No. 0452 of 2022) for allegedly possessing 200 g of alprazolam. The applicant contended that he was falsely implicated and that the mandatory provisions of Sections 50 and 52‑A of the NDPS Act were not complied with in the FIR. The State opposed bail, emphasizing the seriousness of the drug offence. Relying on Section 37 of the NDPS Act and the Supreme Court’s decision in Union of India v. Shiv Shanker Kesari (2007) (7 SCC 798), the Court held that bail was appropriate despite the pending trial. Accordingly, the Court granted bail on a personal bond of Rs 50,000 with two sureties and imposed conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for an offence under the NDPS Act when Sections 50 and 52‑A procedural requirements are alleged to be non‑compliant.
- Whether the nature of the alleged drug offence and the pendency of trial justify the grant of bail.
- How Section 37 of the NDPS Act and the precedent set by Union of India v. Shiv Shanker Kesari influence bail decisions in NDPS cases.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- Narcotic Drugs and Psychotropic Substances Act — s. 08/21, 37, 50, 52-A
Subjects
- bail
- NDPS Act
- Section 37
- mandatory procedural compliance
- drug offence
- presumption of innocence
- court pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13030 of 2026
Sameer
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Kumar, Ravindra Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Rajesh Kumar, learned counsel for the applicant and Sri B.P.
Maurya, 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. 0452 of 2022, under
Section 08/21 NDPS Act, registered at Police Station Khoda, District
Ghaziabad 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 26.8.2022. It is further submitted that
200gram alprazolam powder is said to have been recovered from the
possession of the applicant however, mandatory provisions of Sections 50
and 52-A of NDPS Act have not been complied with as it is evident from
the FIR itself. 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.
5. 200gram alprazolam powder is said to have been recovered from the
possession of the applicant and it is submitted mandatory provisions of
BAIL No. 13030 of 2026
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Sections 50 and 52-A of NDPS Act have not been complied with as it is
evident from the FIR itself.
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 in view of the law laid down by Hon’ble Apex
Court in Union of India vs. Shiv Shanker Kesari, 2007 (7) SCC 798
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- Sameer 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.
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
BAIL No. 13030 of 2026
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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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