MUSTAHID ALIAS BHURAversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 14437 of 2026

Mustahid Alias Bhura
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)              :    Surendra Narayan Mishra
Counsel for Opposite Party(s)         :    G.A.

Court No. - 69
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Shri Surendra Narayan Mishra, learned counsel for the applicant,
and Shri 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. 50 of 2026, under Section
8/21 of Narcotic Drugs and Psychotropic Substances Act, registered at
Police Station Gangoh, District Saharanpur, 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 21 Gram of smack is said to
have been recovered from the possession of the applicant, which is much
below the commercial quantity. It is further submitted that the mandatory
provisions of Section 50 of N.D.P.S. Act have not been complied with.
The applicant is languishing in jail since 24.01.2026 and the applicant is
having criminal history of three cases, which has been duly explained in
the memo of application, 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. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
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5. As per allegations in the first information report, 21 Gram of smack is
said to have been recovered from the possession of the applicant, which is
much below the commercial quantity. It is further submitted that the
mandatory provisions of Section 50 of N.D.P.S. Act have not been
complied with. The applicant is languishing in jail since 24.01.2026 and
the applicant is having criminal history of three cases, which has been
duly explained in the memo of application.

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- Mustahid alias Bhura 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.
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                                    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