Allahabad High Court
PINKIversusSTATE OF U.P.
- Decided
Holding
The Court held that bail is permissible under Section 483 B.N.S.S. and Section 37 of the NDPS Act, and therefore allowed the bail application.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Pinki, who was implicated in a NDPS case (Sections 8, 20, 29) for alleged involvement in the recovery of 1.250 kg of ganja from a co‑accused's possession. The applicant had no direct possession of the narcotics, but her name appeared in the co‑accused's confessional statement and she had two prior criminal cases, having been in custody since 17‑April‑2026. The State opposed bail, arguing that the mandatory provisions of the NDPS Act had been satisfied. The Court examined the facts, the lack of direct recovery, the applicant's undertaking, and the provisions of Section 37 of the NDPS Act, and concluded that bail was appropriate. Consequently, the bail application was allowed subject to a personal bond and several conditions, without expressing any opinion on the merits of the underlying criminal case.
Issues considered
- Whether bail can be granted under Section 483 B.N.S.S. to an accused in an NDPS case where the accused's name appears only in a co‑accused's confessional statement.
- Whether the mandatory provisions of the NDPS Act preclude the grant of bail in such circumstances.
- Whether Section 37 of the NDPS Act permits bail despite the applicant's prior criminal history and the seriousness of the alleged offence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 29, 37, 8
Subjects
- bail
- NDPS Act
- B.N.S.S.
- confessional statement
- co‑accused
- mandatory provisions
- Section 37 NDPS
- criminal history
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16502 of 2026
Pinki
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Neeraj Pal
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Shivakant Singh, Advocate, holding brief of Sri Neeraj Pal, learned
counsel for the applicant, Sri Uma Shankar 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. 412 of 2024 under Section 8/20/29 NDPS Act, registered at Police
Station Shalimar Garden, District Ghaziabad during pendency of the trial.
3. It has been argued by learned counsel for the applicant that nothing has been
recovered from the possession of the applicant and her name has surfaced in the
confessional statement of co-accused Musarraf from whose possession, 1.250 kg of
Ganja is said to have been recovered. It is further submitted that applicant has criminal
history of two cases and she is languishing in jail since 17.4.2026. 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 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. Nothing is said to have been recovered from the possession of the applicant and her
name has surfaced in the confessional statement of co-accused Musarraf from whose
possession, 1.250 kg of Ganja is said to have been recovered. Applicant has criminal
history of two cases and she is languishing in jail since 17.4.2026.
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 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.
BAIL No. 16502 of 2026
2
7. Let the applicant Pinki 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 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 she 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 her 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 14, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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