JITENDRA @ JITUversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 27815 of 2025

Jitendra @ Jitu
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Abhay Raj, Anurag Shrivastava,
                                Jitendra Kumar Yadav, Pankaj Kumar
                                Mishra, Ray Sahab Yadav, Sanjay
                                Mishra
Counsel for Opposite Party(s) : G.A.

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

1. Heard Shri Jitendra Kumar Yadav, learned counsel for the applicant,
and Shri 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 him on bail in Case Crime No. 176 of 2025, under
Section 8/20 of Narcotic Drugs and Psychotropic Substances Act,
registered at Police Station Friends Colony, District Etawah, 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 34.500 Kg of ganja is said to
have been recovered from the possession of the applicant and co-accused
is said to have fled away from the place of occurrence. It is further
submitted that contents of the two sacks were weighed separately, and
subsequently, the contents of both sacks were combined and weighed
together. It is further submitted that the mandatory provisions of Sections
50 and 52-A of N.D.P.S. Act have not been complied with. The applicant
is languishing in jail since 08.07.2025 and the applicant is having no
previous criminal history relating to NDPS Act, undertakes that he will
not misuse the liberty, if granted. It has also been pointed out that in the
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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.

5. As per allegations in the first information report, 34.500 Kg of ganja is
said to have been recovered from the possession of the applicant and co-
accused is said to have fled away from the place of occurrence. It is
further submitted that the contents of the two sacks were mite weighed
separately, and subsequently, the contents of both sacks were combined
and weighed together. It is further submitted that the mandatory
provisions of Sections 50 and 52-A of N.D.P.S. Act have not been
complied with. The applicant is languishing in jail since 08.07.2025 and
the applicant is having no previous criminal history relating to NDPS Act.

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 @ Jitu 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)
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                                    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.)
                                    April 20, 2026
                                    RKM




Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad