Allahabad High Court
ROSHAN GUPTAversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed; the applicant is released on bail subject to conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Roshan Gupta, who was arrested in a narcotics case under Sections 8, 21 and 23 of the NDPS Act for allegedly possessing 50 bottles each of Diazepam, Buprenorphine and Phenergan injections. The applicant contended that the seized quantity was below commercial threshold, that mandatory provisions of Section 52‑A of the NDPS Act were not complied with, and that he was falsely implicated. The State opposed bail, emphasizing the seriousness of the offence and the procedural lapses. The Court, relying on Section 37 of the NDPS Act and the precedent set in Union of India v. Shiv Shanker Kesari (2007) 7 SCC 798, held that the circumstances warranted the grant of bail without expressing any view on the merits. Accordingly, the Court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties and imposed standard bail conditions. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future findings.
Issues considered
- Whether bail can be granted under Section 483 BNS for an NDPS offence where the seized contraband is below commercial quantity and Section 52‑A requirements are not met
- Whether the nature of the offence and the provisions of Section 37 NDPS Act justify bail despite the seriousness of the charges
- Whether the applicant’s claim of false implication and the risk of trial delay affect the bail decision
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 23, 37, 52-A, 8
Subjects
- bail
- NDPS Act
- Section 52-A
- commercial quantity
- presumption of innocence
- high court
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13445 of 2026
Roshan Gupta
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ranjan Dhwaj Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Ranjan Dhwaj Tiwari, learned counsel for the applicant, and
Shri B.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. 07 of 2026, under Section
8/21/23 of Narcotic Drugs and Psychotropic Substances Act, registered at
Police Station Bargadwa, District Maharajganj, during pendency of the
trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that 50 bottles Diazepam injections,
50 bottles Buprenorphine injections and 50 bottles Phenergan injections
are said to have been recovered from the possession of the applicant and
co-accused Khalid and the recovered contraband is below the commercial
quantity. It is further submitted that the mandatory provisions of Section
52-A of N.D.P.S. Act have not been complied with and the alleged
recovered contraband does not come within the purview of NDPS Act.
The applicant is languishing in jail since 02.02.2026, 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.
BAIL No. 13445 of 2026
2
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
5. As per allegations in the first information report, 50 bottles Diazepam
injections, 50 bottles Buprenorphine injections and 50 bottles Phenergan
injections are said to have been recovered from the possession of the
applicant and co-accused Khalid and the recovered contraband is below
the commercial quantity. It is further submitted that the mandatory
provisions of Section 52-A of N.D.P.S. Act have not been complied with.
The applicant is languishing in jail since 02.02.2026.
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 N.D.P.S. Act and the law laid down in the case of Union of India vs
Shiv Shanker Kesari (2007) 7 SCC 798 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- Roshan Gupta involved in the aforesaid case crime
shall 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 :-
(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.
BAIL No. 13445 of 2026
3
(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
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.)
May 7, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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