NAVEDversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 16716 of 2026

Naved
                                                        .....Applicant(s)
                                Versus

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

Counsel for Applicant(s)                   :   Ramajan Ahmad
Counsel for Opposite Party(s)              :   G.A.

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

1. Heard Sri Hasan Parvej, holding brief of Sri Ramajan Ahmad,
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.
171 of 2026, under Section 8/21/29 NDPS Act, registered at Police
Station Meerganj, District Bareilly, 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 22.4.2026. It is
further submitted that 350gram of smack is said to have been
recovered from exclusive and separate possession of the
applicant, however, it is submitted that alleged recovery has not
been made in the presence of any gazetted officer as signature of
the gazetted officer has not been obtained in the memo of
recovery. It is further submitted that mandatory provisions of
Section 50 of the NDPS Act have not been complied with. 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
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                                 2


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 of NDPS Act have been complied with as
the alleged recovery has been made in the presence of the
gazetted officer.


5. As per FIR, 350gram of smack is said to have been recovered
from exclusive and separate possession of the applicant, however,
it is submitted that mandatory provisions of Section 50 of the
NDPS Act have not been complied with as though the alleged
recovery is said to have been made in the presence of a gazetted
officer, however, signature of the gazetted officer has not been
obtained in the memo of recovery. 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- Naved 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
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                                    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 18, 2026
                                    Abhishek




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