SHABNAMversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 16753 of 2026

Shabnam
                                                       .....Applicant(s)
                                Versus

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

Counsel for Applicant(s)                 :   Tiwari Ajay Kumar
Counsel for Opposite Party(s)            :   G.A.

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

1. Heard Sri Tiwari Ajay Kumar, learned counsel for the applicant
and Sri Ashish Kumar Tripathi, 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.
457 of 2025, under Section 8/22 NDPS Act, registered at Police
Station Ankur Vihar, District Ghaziabad, 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 21.12.2025. It is
further submitted that 115gram of alprazolam powder is said to
have been recovered from the possession of the applicant,
however, it is submitted that mandatory provisions of Sections 50
of NDPS Act have not been complied with as the alleged recovery
has not been made in the presence of any gazetted officer. It is
further submitted that applicant is having criminal history, which
has been duly explained in the memo of application. 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
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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
complied with and consent of the applicant has been obtained
before conducting his personal search.


5. As per allegation in the FIR, 115gram of alprazolam powder is
said to have been recovered from the possession of the applicant,
however, it is submitted that mandatory provisions of Sections 50
of NDPS Act have not been complied with as the alleged recovery
has not been made in the presence of any gazetted officer. The
applicant is having criminal history, which has been duly explained
in the memo of application.

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- Shabnam 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
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                                    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