Allahabad High Court
ROHIT DUBEYversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that bail should be granted on a prima facie basis despite the seriousness of the offence.
Summary
The High Court considered a bail application filed by Rohit Dubey, who was arrested under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly possessing 13.676 kg of ganja. The applicant claimed innocence, argued that the quantity was below commercial threshold and that the mandatory provisions of Section 52‑A of the NDPS Act were not complied with. The State opposed bail, emphasizing the seriousness of the offence. After reviewing the record, the Court found that, on a prima facie basis, the case was suitable for bail despite the severity of the punishment, noting the lack of prior criminal history and the non‑commercial quantity. The Court ordered the applicant’s release on bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order clarified that the bail decision would not prejudice the trial judge’s independent assessment of the case.
Issues considered
- Whether bail should be granted to an accused under Sections 8 and 20 of the NDPS Act when the seized quantity is below commercial quantity.
- Whether the non‑compliance of mandatory provisions of Section 52‑A of the NDPS Act affects bail eligibility.
- Whether the applicant’s lack of criminal history and claim of false implication justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 52-A, 8
Subjects
- bail
- NDPS Act
- Section 8
- Section 20
- Section 52-A
- commercial quantity
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31776 of 2026
Rohit Dubey
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sarwam Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 55 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sarwam Dwivedi, learned counsel for the applicant, Sri R.M.
Yadav, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 300 of 2026, under Section 8/20
of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police
Station- Farah, District -Mathura, during the pendency of trial.
4. As per the allegations of the FIR, 13.676 kg of ganja is stated to have been
recovered from the conscious possession of applicant by the police.
5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case by
the police to show good work. The contraband recovered from the
possession of the applicant is below commercial quantity. There is no
compliance of mandatory provision of Section 52-A of the N.D.P.S. Act.
6. Learned counsel for the applicant has stated that there is no criminal
history of the applicant. The applicant is languishing in jail since 1.8.2026.
In case, the applicant is released on bail, he will not misuse the liberty of
bail.
7. Learned A.G.A. has vehemently opposed the bail application.
BAIL No. 31776 of 2026
2
8. Upon hearing learned counsel for the parties, perusal of record and
considering the complicity of accused, severity of punishment, the fact that
the contraband recovered from the possession of applicant is below
commercial quantity and there being no compliance of mandatory provisions
of the NDPS Act; at this stage without commenting on the merits of the case,
prima facie, I find it a fit case for bail. The bail application is allowed.
9. Let the applicant- Rohit Dubey, who is involved in aforementioned case
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 subject to
verification of sureties, with the condition that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
10. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant
shall not in any way affect the learned trial Judge in forming his independent
opinion based on the testimony of the witnesses.
(Krishan Pahal,J.)
September 9, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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