Allahabad High Court
JAY KUMARversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, applying Section 37 of the NDPS Act and the Union of India v. Shiv Shanker Kesari precedent.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Jay Kumar, who was arrested in a case under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act for allegedly possessing 10 kg of ganja recovered from a motorcycle. The applicant claimed innocence, alleging false implication and noting that the quantity was below commercial threshold, and pointed to the bail already granted to a co‑accused. The State opposed bail, but the Court, applying Section 37 of the NDPS Act and the precedent of Union of India v. Shiv Shanker Kesari, found the case suitable for bail without expressing an opinion on the merits. Consequently, the bail application was allowed subject to a personal bond, sureties, and several conditions to prevent tampering with evidence or intimidation of witnesses. The order clarified that it does not prejudice the trial court’s eventual judgment.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act for possession of 10 kg of ganja, considering the quantity is below commercial threshold.
- Whether the principles of Section 37 of the NDPS Act and the precedent set in Union of India v. Shiv Shanker Kesari justify granting bail in this circumstance.
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses that would warrant denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 37, 8
Subjects
- bail
- NDPS Act
- Section 37
- Section 483
- false implication
- commercial quantity
- pre‑trial detention
- court discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14486 of 2026
Jay Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Awaneesha Kumar, Narendra Singh,
Rajesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Awaneesha Kumar, learned counsel for the applicant, 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. 73 of 2026, under Section
8/20 of Narcotic Drugs and Psychotropic Substances Act, registered at
Police Station Rajapur, District chitrakoot, 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 10 Kg of ganja is said to have
been recovered from a motorcycle, in which, the applicant and co-accused
were riding and the alleged contraband is much below the commercial
quantity. It is further submitted that co-accused Yogendra Singh has
already been granted bail by the Co-ordinate Bench of this Court vide
order dated 06.05.2026 passed in Criminal Misc. Bail Application
No.14407 of 2026. The applicant is languishing in jail since 04.04.2026,
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.
4. Per contra learned A.G.A. has opposed the prayer for bail of the
BAIL No. 14486 of 2026
2
applicant.
5. As per allegations in the first information report, 10 Kg of ganja is said
to have been recovered from a motorcycle, in which, the applicant and co-
accused were riding and the alleged contraband is much below the
commercial quantity. It is further submitted that co-accused Yogendra
Singh has already been granted bail by the Co-ordinate Bench of this
Court vide order dated 06.05.2026 passed in Criminal Misc. Bail
Application No.14407 of 2026. The applicant is languishing in jail since
04.04.2026.
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- Jay Kumar 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. 14486 of 2026
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(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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