Allahabad High Court
RITIK KUMARversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to bail under the applicable provisions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Ritik Kumar, who was arrested in a NDPS case (Sections 8/20) for alleged possession of 155 kg of ganja recovered from a co‑accused's house. The applicant claimed innocence, stating no contraband was found in his possession and that a co‑accused had already been granted bail, while the State argued that the applicant was involved in transporting and selling the narcotics. The Court examined the provisions of Section 37 of the NDPS Act and the precedent set in Union of India v. Shiv Shanker Kesari (2007) regarding bail in narcotics cases. Without expressing an opinion on the merits, the Court found the case fit for bail and ordered release on a personal bond of Rs. 50,000 with two sureties, imposing conditions to prevent tampering with evidence or intimidation of witnesses. The bail was granted subject to strict compliance, and any breach would lead to cancellation.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act pending trial.
- Whether the provisions of Section 37 of the NDPS Act and the precedent in Union of India v. Shiv Shanker Kesari justify granting bail.
- Whether the fact that no contraband was recovered from the applicant and a co‑accused has already been bailed influences the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 37, 8
Subjects
- bail
- NDPS Act
- Section 37
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- presumption of innocence
- co‑accused bail
- trial delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 23973 of 2025
Ritik Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Rajesh Yadav, learned counsel for the applicant and Sri Shiv
Dutt 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. 855 of 2024, under
Section 8/20 NDPS Act, registered at Police Station Sikandra, District
Agra, 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 28.12.2024. It is further submitted
that alleged recovery of 155kg ganja has been made from the house of co-
accused Hariom Sharma and nothing has been recovered from conscious
possession of applicant and the applicant and other co-accused have
confessed their involvement before the police. It is further submitted that
co-accused Hariom Sharma has already been granted bail by the learned
Sessions Court and the trial is not likely to be concluded near future. 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 No. 23973 of 2025
2
bail to the applicant and it is submitted that the applicant and other co-
accused have been found involved in transporting, keeping and selling the
alleged contraband and the alleged contraband has been recovered from
the house of co-accused Hariom Sharma.
5. Co-accused Hariom Sharma from whose possession alleged contraband
is said to have been recovered has been granted bail by the learned
Sessions Court and the applicant and other co-accused are said to have
been arrested and they have confessed their involvement before the
police. The applicant has been languishing in jail since 28.12.2024 and
the trial is not likely to be concluded near future.
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 in view of the law laid down by Hon’ble Apex
Court in Union of India vs. Shiv Shanker Kesari, 2007 (7) SCC 798 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- Ritik Kumar 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
BAIL No. 23973 of 2025
3
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.)
April 20, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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