SOMVATI ALIAS SOMAversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 15223 of 2026

Somvati Alias Soma
                                                      .....Applicant(s)
                                Versus

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

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

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

1. Heard Sri Girish Singh, learned counsel for the applicant and Sri
Uma Shanker Mishra, 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 her on bail in Case Crime No.
159 of 2026, under Section 08/20 NDPS Act, registered at Police
Station Civil Lines, District Moradabad, during pendency of the
trial.

3. It has been argued by the learned counsel for the applicant that
applicant is innocent and she has been falsely implicated in this
case and she has been languishing in jail since 22.3.2026. It is
further submitted that as per FIR, 1.276kg of charas is said to have
been recovered from from the possession of the applicant which is
just above the commercial quantity, however, it is submitted that
mandatory provisions of Section 52-A of NDPS Act have not been
complied with as the samples have not been taken in accordance
with the Rules 9, 10 and 11 of the Rules published by the Union of
India in the official gazette and the same have not been certified by
the learned Magistrate. It is also submitted that the applicant
undertakes that she will not misuse the liberty, if granted. It has
also been pointed out that in the wake of heavy pendency of cases
                                                     BAIL No. 15223 of 2026
                              2


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 it is submitted that mandatory
provisions of Sections 50 and 52-A of NDPS and Section 105 of
BNSS Act have been complied with.


5. As per FIR, 1.276kg of charas is said to have been recovered
from from the possession of the applicant which is just above the
commercial quantity, however, it is submitted that mandatory
provisions of Section 52-A of NDPS Act have not been complied
with as the samples have not been taken in accordance with the
Rules 9, 10 and 11 of the Rules published by the Union of India in
the official gazette and the same have not been certified by the
learned Magistrate

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 the NDPS Act and in view of the law laid
down by Hon'ble Apex Court in Nadeem Ahmed vs. State of West
Bengal, 2025 LawSuit (SC) 1134 (2025 INSC 993) 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 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- Somvati Alias Soma involved in the aforesaid
case crime be released on bail on her 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
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                                    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.



                                                                                 (Jitendra Kumar Sinha,J.)
                                    May 6, 2026
                                    Abhishek




Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad