Allahabad High Court
SURAJ GIRI AND ANOTHERversusSTATE OF U.P.
- Decided
Holding
The Court held that the bail application is a fit case for bail and allowed it.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of two police personnel accused under Sections 8, 20(b), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act for alleged possession of 21.1 kg of ganja. The applicants claimed innocence, arguing they were falsely implicated and that no narcotics were recovered from them, only from the co‑accused’s statements. The State opposed bail. After reviewing the record, the Court, without expressing an opinion on the merits, found the case suitable for bail and ordered release on personal bond with two sureties, imposing conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future findings. The bail was consequently granted subject to strict compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted to accused persons under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when charged under the NDPS Act.
- Whether the absence of seized narcotics from the accused and reliance on co‑accused statements justify bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b), 27A, 29, 8
Subjects
- bail
- NDPS Act
- Section 483
- police personnel
- false implication
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13420 of 2026
Suraj Giri And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Madhavendra Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Madhavendra Singh, learned counsel for the applicants and
Shri O.P. Singh, 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. 131 of 2026, under
Sections 8, 20(b), 27A, 29 of Narcotic Drugs and Psychotropic
Substances Act, registered at Police Station Ramkola, District
Kushinagar, during pendency of the trial.
3. It has been submitted by learned counsel for the applicants that the
applicants are innocent and they have been falsely implicated in this case
due to ulterior motive. It is further submitted that the applicants are the
police personnel and nothing has been recovered from their possession
and their names have surfaced in the confessional statement of arrested
co-accused Sundar Lal Nishad and Suresh Yadav and from their
possession 21.1 Kg of ganja is said to have been recovered. The
applicants are languishing in jail since 24.03.2026. It was also submitted
that applicants undertake to co-operate during trial and they would appear
as and when required by the investigating agency or Court. It has been
stated that in case, applicants are granted bail, they shall not misuse the
liberty of bail and will co-operate with the investigation and would obey
all conditions of bail.
BAIL No. 13420 of 2026
2
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
5. Applicants are the police personnel and nothing has been recovered
from their possession and their names have surfaced in the confessional
statement of arrested co-accused Sundar Lal Nishad and Suresh Yadav
and from their possession 21.1 Kg of ganja is said to have been recovered.
The applicants are languishing in jail since 24.03.2026.
6. Upon considering the totality of facts, nature and the evidence reflected
from record 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 applicants - Suraj Giri and Nitesh Kumar Yadav involved in
the aforesaid case crime shall be released on bail on their furnishing a
personal bond of Rs. 50,000/- with two sureties each in the like amount to
the satisfaction of the Court concerned :-
(i) The applicants 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 them from disclosing such facts to the court or to any police
officer or tamper with the evidence.
(ii) The applicants shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicants 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 applicants shall file an undertaking to the effect that they shall
not seek any adjournment on the dates fixed for evidence when the
witnesses are present in the trial court.
(v) The applicants shall remain present before the trial court on each date
fixed, either personally or through their counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
BAIL No. 13420 of 2026
3
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
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 23, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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