Allahabad High Court
JITENDRA SAKET @ JEETUversusSTATE OF U.P.
- Decided
Holding
The Court allowed the bail application, granting bail to the accused with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Jitendra Saket, who is accused in an NDPS case (Sections 8, 20, 29) for alleged possession of 100 kg of ganja recovered from two vehicles. The applicant asserted innocence, no conscious possession, and a clean criminal record, while the prosecution opposed bail. The Court examined the facts, the lack of direct possession, and applied Section 37 of the NDPS Act along with the precedent set in Union of India v. Shiv Shanker Kesari (2007). Without expressing an opinion on the merits, the Court found the case suitable for bail and ordered release on a personal bond with two sureties, imposing standard conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its scope to the bail application and did not prejudice the trial court’s eventual judgment.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in an NDPS case involving alleged possession of 100 kg of ganja.
- Whether the absence of conscious possession and the applicant’s clean record justify bail despite the seriousness of the offence.
- Applicability of Section 37 of the NDPS Act and the precedent set by Union of India v. Shiv Shanker Kesari to the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 29, 37, 8
Subjects
- bail
- NDPS Act
- Section 37
- presumption of innocence
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 2264 of 2026
Jitendra Saket @ Jeetu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajai Kumar Srivastava, Juhi Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Ms. Juhi Srivastava, learned counsel for the applicant, and Shri
S.D.Shukla, 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. 396 of 2025, under
Section 8/20/29 of Narcotic Drugs and Psychotropic Substances Act,
registered at Police Station Vindhyachal, District Mirzapur, during
pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that nothing has been recovered
from the conscious possession of the applicant. It is further submitted that
as per first information report, 1 quintal (100 Kg) of ganja is said to have
been recovered from two vehicles and the applicant and co-accused were
standing outside the vehicle. The applicant is languishing in jail since
07.11.2025 and the applicant is having no criminal history, 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. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
BAIL No. 2264 of 2026
2
5. Nothing is said to have been recovered from the conscious possession
of the applicant. As per allegations in the first information report, 1
quintal (100 Kg) of ganja is said to have been recovered from two
vehicles and the applicant and co-accused were standing outside the
vehicle. The applicant is languishing in jail since 07.11.2025 and 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 N.D.P.S. Act and the law laid down in the case of Union of India vs
Shiv Shanker Kesari (2007) 7 SCC 798 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- Jitendra Saket @ Jeetu involved in the aforesaid
case crime shall 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 :-
(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.
8. In case of breach of any of the above conditions, it shall be a ground for
BAIL No. 2264 of 2026
3
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 7, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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