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Allahabad High Court

BRIJESH SRIVASTAVAversusSTATE OF U.P.

Decided

Holding

The bail application is allowed, and the applicant is released on bail subject to conditions.

Summary

The Allahabad High Court considered the bail application of Brijesh Srivastava in NDPS case No. 162 of 2026, where 450 grams of opium—below the commercial quantity—had been seized. The applicant pleaded absolute innocence, alleging false recovery and highlighted that the mandatory provisions of Sections 52A and 57 of the NDPS Act had not been complied with. The State opposed the bail, contending the seriousness of the offence. After reviewing the record, the Court noted the low quantity of contraband and the procedural lapses, and without addressing the merits, held that a prima facie case for bail existed. Consequently, the Court ordered the applicant’s release on a personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and appearance before the trial court.

Issues considered

  • Whether bail can be granted in an NDPS offence where the seized quantity is below commercial quantity
  • Whether non‑compliance with mandatory provisions of Sections 52A and 57 of the NDPS Act warrants bail
  • Whether the applicant’s claim of innocence and lack of prior criminal history justify bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 52A
  • Section 57
  • contraband below commercial quantity
  • criminal procedure
  • presumption of innocence

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 33185 of 2026

Brijesh Srivastava
                                                             .....Applicant(s)
                                     Versus

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

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

Court No. - 68
(Sr. No.14 out of 114)

                         HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Anoop Rai, Advocate holding brief of Sri Sudhir Kumar,
learned counsel for the applicant, Sri V.K.S. Pararm, learned A.G.A. for the
State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No.162 of 2026, under Section 8/18 of
The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station-
Aliganj, District- Bareilly, 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 450 grams of opium 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 52A and 57 of the N.D.P.S.
Act. The criminal history assigned to the applicant has been explained. The
applicant is languishing in jail since 17.7.2026. 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. 33185 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 52A & 57 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- Brijesh Srivastava, 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 17, 2026
                                    Vikas Verma




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

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