AHSAN @ KATIversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 24020 of 2026

Ahsan @ Kati
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Ankit Srivastava, Ch. Dil Nisar, Mohd.
                                Shahibe Alam
Counsel for Opposite Party(s) : G.A.

Court No. - 18
                     HON'BLE HARVIR SINGH, J.

1. Heard learned counsel for the applicant and learned A.G.A. for the
State-opposite party.

2. The present second bail application has been filed by the applicant
under Section 483 BNSS to enlarge him on bail in Crime No. 35 of 2026,
under Sections 8/21 of the N.D.P.S. Act, Police Station- Kairana, District-
Shamli. The first bail application was dismissed as withdrawn vide order
dated 30.04.2026 passed in Criminal Misc. Bail Application No. 11413 of
2026.

3. Learned counsel for the accused-applicant, while pressing the bail
application, submits that, the accused-applicant has falsely been
implicated in this case and he has not committed any offence, as alleged
by the prosecution. He further submits that 517 gm smack is alleged to
have been recovered from the possession of the applicant in the first
information report of this case. In fact, no such recovery was effected
from the applicant. It is further submitted that, since such recovery is not
supported by independent witness, possibility of his false implication in
the crime, cannot be ruled out and it is also submitted that, while the
seizure was conducted, the concerned authorities did not follow the
procedure prescribed in the act and the said seizure is a sham exercise in
the absence of the procedure, as prescribed under the act and the law
settled on the subject, therefore, the arrest of the applicant/accused
becomes illegal. It is further submitted that, nothing has been recovered
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from the personal possession of the applicant. The only ground on which
the applicant is seeking enlargement on bail through this application is
that charge in this case has been framed. He further submitted that there
is no public eye witness of the alleged recovery. He submits that there is
non-compliance of Section 50 of N.D.P.S. Act and in support of his
contention, he has placed reliance upon the Judgment of the Apex Court
rendered in the case of Arif Khan @ Agha Khan vs. State of
Uttarakhand, (2018) 18 SCC 380, wherein it has been held that
mandatory procedure of Section 50 of the N.D.P.S. Act has to be
complied with in regard to search and recovery. The applicant has a
criminal history of four cases, which has been explained in para no. 13 of
the bail application and the applicant is on bail in all the cases and there is
no likelihood of his fleeing from course of justice or tampering with
evidence in case of release on bail. The applicant is languishing in jail
since 19.01.2026.

4. Learned A.G.A. has opposed the prayer for bail and contends that the
applicant has been framed under the NDPS Act and has a tendency to
perpetrate crime in future. The concerned officials have followed due
procedure of law, while seizing the smack and arresting the accused. He
further submits that, innocence of the applicant cannot be adjudged at pre
trial stage, who is involved in supplying contraband, therefore, the
applicant does not deserve any indulgence. In case, the applicant is
released on bail, he will again indulge in similar activity. Learned A.G.A.
submits that the applicant has been named in the F.I.R. dated 19.01.2026.
Learned A.G.A. further submits that the amount of 517 gram smack
recovered from the applicant is above the commercial quantity.

5. Having heard the learned counsel for the parties and after perusal of
record, it is evident that recovered contraband substance, i.e. 517 gms of
smack is slightly above the commercial quantity; there is no independent
public eye witness of the alleged recovery; there is non compliance of
Section 50 of the NDPS Act; the criminal history of the applicant, which
are four in number, has been satisfactorily explained in para 13 of the bail
application in which he has been bailed out; and the applicant is
languishing in jail since 19.01.2026.
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                                    6. Considering the submissions of learned counsel of both sides, nature of
                                    accusation and severity of punishment in case of conviction, nature of
                                    supporting evidence, prima facie satisfaction of the Court in support of
                                    the charge, reformative theory of punishment and considering larger
                                    mandate of the Article 21 of the Constitution of India and, without
                                    expressing any view on the merits of the case, this Court finds it to be a
                                    case of bail.

                                    7. Let the applicant Ahsan @ Kati involved in the aforementioned crime
                                    be released on bail, on his furnishing a personal bond and two sureties
                                    each in the like amount, to the satisfaction of the court concerned, with
                                    the following conditions:-

                                    i. The applicant will continue to attend and co-operate in the trial pending
                                    before the court concerned on the date fixed after release.

                                    ii. He will not tamper with the witnesses.

                                    iii. He will not indulge in any illegal activities during the bail period.

                                    8. It is further directed that the identity, status and residence proof of the
                                    sureties be verified by the authorities concerned before they are accepted.

                                    9. In case of breach of any of the above conditions, the trial court will be
                                    at liberty to cancel the bail.


                                                                                                (Harvir Singh,J.)
                                    September 25, 2026
                                    Prashant D.




Digitally signed by :-
PRASHANT DWIVEDI
High Court of Judicature at Allahabad