Allahabad High Court
PRAVEEN KUMAR MAURYAversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Praveen Kumar Maurya, who was charged under Sections 8 and 18 of the NDPS Act for possession of 34.6 kg of poppy straw, a quantity below the commercial threshold. The applicant pleaded innocence, asserted no prior criminal record, and argued that the prolonged trial would prejudice his liberty. The State opposed bail, contending that the mandatory provisions of Sections 50 and 52‑A of the NDPS Act had been complied with, which ordinarily restrict bail. The Court examined the facts, the low quantity involved, the applicant’s clean record, and the provisions of Section 37 of the NDPS Act, and, without expressing an opinion on the merits, concluded that bail was appropriate. Accordingly, the bail was granted on a personal bond of Rs. 50,000 with two sureties and a set of conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail can be granted under Section 483 B.N.S.S. to an accused charged under the NDPS Act for possession of poppy straw below commercial quantity.
- Whether the mandatory provisions of Sections 50 and 52‑A of the NDPS Act bar the grant of bail in such circumstances.
- Whether the applicant’s lack of prior criminal history and the low quantity of narcotic material justify bail despite the NDPS provisions.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 18, 37, 50, 52-A, 8
Subjects
- bail
- NDPS Act
- poppy straw
- low quantity
- Section 483 B.N.S.S.
- Section 37 NDPS
- criminal history
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16715 of 2026
Praveen Kumar Maurya
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Katyaini Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Suresh, holding brief of Ms. Katyaini 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 him on bail in Case Crime No. 44
of 2026, under Section 8/18 NDPS Act, registered at Police Station
Kachhwa, District Mirzapur, during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this
case and he has been languishing in jail since 14.3.2026. It is
further submitted that 34.6kg of poppy straw which is much below
the commercial quantity is said to have been recovered from the
possession of the applicant. It is further submitted that applicant is
having no criminal history. 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 it is submitted that mandatory
provisions of Sections 50 and 52-A of NDPS Act have been
BAIL No. 16715 of 2026
2
complied with.
5. As per allegation in the FIR, 34.6kg of poppy straw which is
much below the commercial quantity is said to have been
recovered from the possession of the applicant. The applicant is
having no criminal history.
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 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- Praveen Kumar Maurya 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.
BAIL No. 16715 of 2026
3
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 18, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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