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Allahabad High Court

RAJUversusSTATE OF U.P.

Decided

Holding

The court allowed the bail application, finding the case prima facie suitable for bail.

Summary

The applicant Raju applied for bail in a NDNDPS case (Crime No. 549 of 2026) where 421.46 grams of charas was allegedly recovered. The applicant claimed innocence, alleging false recovery and that the quantity was below commercial threshold, and argued that mandatory provisions of Sections 50 and 52A of the NDPS Act were not complied with. The State opposed the bail, citing the seriousness of the offence. The court, after reviewing the record and noting the lack of compliance with Sections 50 and 52A, the low quantity of the drug, and the applicant’s clean record, found the case prima facie suitable for bail. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.

Issues considered

  • Whether bail should be granted in an NDPS case where the seized quantity is below commercial quantity
  • Whether the mandatory provisions of Sections 50 and 52A of the NDPS Act have been complied with
  • Whether the applicant’s claim of innocence and lack of criminal history warrant bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 50
  • Section 52A
  • charas
  • commercial quantity
  • prima facie

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 30735 of 2026

Raju
                                                               .....Applicant(s)
                                     Versus

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

Counsel for Applicant(s)                          :    Saurabh Kumar
Counsel for Opposite Party(s)                     :    G.A.

Court No. - 68
(Sr. No.128 out of 318)

                          HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Saurabh Kumar, learned counsel for the applicant, Sri Pankaj
Srivastava, learned A.G.A. for the State and perused the material placed on
record.

3. Applicant seeks bail in Case Crime No.549 of 2026, under Section 20/8 of
The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station-
Deoband, District- Saharanpur, during the pendency of trial.

4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case with
a view to cause unnecessary harassment and to victimize him. A false
recovery of 421.46 gram of Charas has been foisted on the applicant. The
allegations are per se false and the recovered contraband is below the
commercial quantity.

5. Learned counsel for the applicant has further argued that there is no
compliance of mandatory provision of Section 50 & 52A of the N.D.P.S.
Act. There is no criminal history of the applicant. The applicant is
languishing in jail since 30.7.2026. The applicant is ready to cooperate with
trial. In case, the applicant is released on bail, he will not misuse the liberty
of bail.

6. Learned A.G.A. has vehemently opposed the bail application.
                                                                                             BAIL No. 30735 of 2026
                                                                      2

                                    7. Upon hearing learned counsel for the parties, perusal of record and
                                    considering the complicity of accused, severity of punishment as well as
                                    totality of facts and circumstances coupled with the fact that recovered
                                    contraband is below the commercial quantity and there being no compliance
                                    of mandatory provision of Section 50 & 52A of the NDPS Act, without
                                    commenting on the merits of the case, prima facie, I find it a fit case for
                                    bail. The bail application is allowed.

                                    8. Let the applicant- Raju, be released on bail in the aforementioned case
                                    crime on furnishing a personal bond and two sureties to the satisfaction of
                                    the court concerned, subject to verification of sureties, with the conditions
                                    that he shall not tamper with evidence or intimidate witnesses and shall
                                    appear before the trial court as required.

                                    9. Breach of any condition shall entail cancellation of bail. The observations
                                    herein shall not affect the trial on merits.



                                                                                              (Krishan Pahal,J.)
                                    September 9, 2026
                                    Vikas Verma




Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad


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