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Allahabad High Court

SUMITversusSTATE OF U.P.

Decided

Holding

The Court held that bail is permissible in the present case and allowed the application.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Sumit, who was arrested for possession of 861 grams of opium under Sections 8, 18 and 60 of the NDPS Act. The applicant argued that co‑accused had already been granted bail, that he had no prior criminal record, and that mandatory sample‑collection provisions of Section 52‑A of the NDPS Act had not been complied with. The State contended that all statutory requirements, including the sample‑collection rules, had been satisfied. Referring to Section 37 of the NDPS Act and the Supreme Court precedents Union of India v. Shiv Shanker Kesari (2007) and Nadeem Ahmad v. State of West Bengal (2025), the Court held that the case was suitable for bail. Accordingly, the bail application was allowed subject to a personal bond of Rs. 50,000 with two sureties and several conditions regarding non‑interference with witnesses and presence at trial dates.

Issues considered

  • Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita when mandatory provisions of Section 52‑A of the NDPS Act regarding sample collection have not been complied with.
  • Whether the quantity of opium (861 g) and the nature of the offences under the NDPS Act preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • Section 52-A
  • Section 37
  • Bharatiya Nagarik Suraksha Sanhita
  • court precedent
  • conditions of bail

Judgment

                HIGH COURT OF JUDICATURE AT ALLAHABAD

          CRIMINAL MISC. BAIL APPLICATION No. - 15068 of 2026

Sumit
                                                                         .....Applicant(s)
                                         Versus
State of U.P.
                                                                    .....Opposite Party(s)

Counsel for Applicant(s)                                 :     Mahendra Singh
Counsel for Opposite Party(s)                            :     G.A.

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

1. Heard Sri Mahendra Singh, learned counsel for the applicant, Sri Chandra Shekhar
Saran, 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. 16 of 2026 under Section 8/18/60 NDPS Act, registered at
Police Station Civil Lines, District Budaun during pendency of the trial.

3. It has been argued by learned counsel for the applicant that co-accused Rajiv and
Ibrish Kumar have already been granted bail by Co-ordinate Bench of this Court vide
orders dated 18.3.2026 and 20.3.2026 passed in Crl. Misc. Bail Application Nos. 5014
of 2026 and 4394 of 2026 respectively. It is further submitted that 861 gram of Opium
is said to have been recovered from the possession of the applicant and mandatory
provisions of section 52-A of NDPS Act have not been complied with as samples have
not been collected in accordance with Rules 8, 9, 10 and 11 of the Rules published by
the Union of India in the official gazette. It is further submitted that applicant has no
criminal history and he is languishing in jail since 07.1.2026. It is also submitted that
the applicant 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. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the
applicant and submits that mandatory provisions of NDPS Act have been complied
with.

5. 861 gram of Opium is said to have been recovered from the possession of the
applicant and it is submitted that mandatory provisions of section 52-A of NDPS Act
have not been complied with as samples have not been collected in accordance with
Rules 8, 9, 10 and 11 of the Rules published by the Union of India in the official
gazette. Co-accused Rajiv and Ibrish Kumar have already been granted bail by Co-
                                                                                                     BAIL No. 15068 of 2026
                                                                         2

                                    ordinate Bench of this Court. Applicant has no criminal history and he is languishing
                                    in jail since 07.1.2026.

                                    6. Upon considering the totality of facts, nature and evidence reflected from record,
                                    taking into consideration the provision of Section 37 of the NDPS Act and in view of
                                    the law laid down by Hon'ble Apex Court in Union of India vs. Shiv Shanker Kesari,
                                    2007 (7) SCC 798 and Nadeem Ahmad vs. State of West Bengal 2025 LawSuit
                                    (SC) 1134 (2025 INSC 993) 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 Sumit involved in the aforesaid case crime 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 with the following conditions :-

                                    (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.

                                    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.

                                    May 5, 2026
                                    Madhurima
                                                                                            (Jitendra Kumar Sinha,J.)




Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad


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