Allahabad High Court
SAURABHversusSTATE OF U.P.
- Decided
Holding
The Court granted bail to the applicant.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Saurabh, who was arrested in a NDPS case (Sections 8/20) for allegedly possessing 7.41 g of smack. The applicant claimed innocence, argued that the quantity was below commercial levels, and highlighted his lack of prior NDPS convictions despite having five other criminal cases, all on bail. The State opposed bail, citing the seriousness of the offence. Relying on Section 37 of the NDPS Act and the precedent set in Union of India v. Shiv Shanker Kesari (2007) 7 SCC 798, the Court found the case suitable for bail without commenting on the merits. Bail was granted subject to a personal bond of Rs 50,000, two sureties, and several conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an offence under the NDPS Act involving a small quantity of narcotic.
- Whether the applicant's prior criminal history and the nature of the alleged offence preclude bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 37, 8
Subjects
- bail
- NDPS Act
- possession of narcotics
- small quantity
- Section 483 B.N.S.S.
- Section 37 NDPS
- prior criminal history
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14011 of 2026
Saurabh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Shaafi, Shujauddin
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed on behalf of the applicant is taken on record.
2. Heard Shri Mohd. Shaafi along with Shri Shujauddin, learned counsel for
the applicant, and Shri Radhey Shyam, learned AGA for the State-
respondents and perused the record.
3. 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. 91 of 2026, under Section 8/20 of
Narcotic Drugs and Psychotropic Substances Act, registered at Police
Station Didauli, District Amroha, during pendency of the trial.
4. 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 7.41 Gram of smack is said to
have been recovered from the possession of the applicant, which is much
below the commercial quantity and just above the small quantity. The
applicant is languishing in jail since 17.03.2026 and the applicant is having
criminal history of 5 cases and in all the cases, he is on bail and he is having
no previous case relating to N.D.P.S. Act, 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.
5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.
BAIL No. 14011 of 2026
2
6. As per allegations in the first information report, 7.41 Gram of smack is
said to have been recovered from the possession of the applicant, which is
much below the commercial quantity and just above the small quantity. The
applicant is languishing in jail since 17.03.2026 and the applicant is having
criminal history of 5 cases and in all the cases, he is on bail and he is having
no previous case relating to N.D.P.S. Act.
7. 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.
8. Let the applicant- Saurabh 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.
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
BAIL No. 14011 of 2026
3
10. 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 5, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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