Allahabad High Court
HASEEN @ IDDUversusSTATE OF U.P.
- Decided
Holding
The court held that bail is appropriate and allowed the applicant to be released on bond.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Haseen @ Iddu, who was arrested in an NDPS case (Sections 8, 20, 29) for allegedly possessing 5.081 kg of charas. The applicant claimed innocence and argued that the mandatory provisions of Sections 50 and 52‑A of the NDPS Act had not been complied with, while the State contended that those provisions were satisfied. The court examined the nature of the offence, the applicant’s prior criminal history (none under the NDPS Act), and the constitutional guarantee of liberty under Article 21, along with Section 37 of the NDPS Act. Without expressing an opinion on the merits, the judge found the case suitable for bail and ordered release on a personal bond with two sureties, imposing several conditions to prevent tampering with evidence or intimidation of witnesses. The bail was granted subject to compliance with the stipulated conditions.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in an NDPS case where the mandatory provisions of Sections 50 and 52‑A of the NDPS Act may not have been complied with.
- Whether the applicant’s prior criminal history and the nature of the alleged offence preclude the grant of bail.
- Whether the right to liberty under Article 21 of the Constitution overrides the presumption of custody in this NDPS matter.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 29, 37, 50, 52-A, 8
Subjects
- bail
- NDPS Act
- Section 483 B.N.S.S.
- Article 21
- mandatory provisions
- criminal history
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 25125 of 2025
Haseen @ Iddu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : S.M.Faraz I. Kazmi
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri S.M.Faraz I. Kazmi, learned counsel for the applicant
and Sri B.P. Maurya, 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.
394 of 2024, under Section 8/20/29 NDPS Act, registered at Police
Station Behat, District Saharanpur, 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 18.12.2024. It is
further submitted that 5.081kg of charas is said to have been
recovered from the possession of the applicant, however, it is
submitted that mandatory provisions of Sections 50 and 52-A of
NDPS Act have not been complied with. It is further submitted that
the applicant is having criminal history of six case which has been
duly explained, however, he is having no criminal history of NDPS
Act. 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.
BAIL No. 25125 of 2025
2
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 which is evident from the counter affidavit and the
samples have been taken in accordance with Rule on the next date
i.e. 19.12.2024.
5. As per FIR, 5.081kg of charas is said to have been recovered
from the possession of the applicant, however, it is submitted that
mandatory provisions of Sections 50 and 52-A of NDPS Act have
not been complied with. The applicant is having criminal history of
six case which has been duly explained, however, he is having no
criminal history of NDPS Act. The applicant has been languishing
in jail since 18.12.2024.
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 larger mandate of
Article 21 of the Constitution of India 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- Haseen @ Iddu 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
BAIL No. 25125 of 2025
3
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
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