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Allahabad High Court

MINSARI BAIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court allowed bail, finding the case fit for release pending trial.

Summary

Minsari Bai applied for bail in a NDNDPS case (Crime No.102 of 2026) involving alleged possession of 7.9 kg of ganja, which is below commercial quantity. The applicant claimed innocence, alleged false recovery, and highlighted non‑compliance with mandatory provisions of Sections 52A and 57 of the NDPS Act. The State opposed bail, citing the seriousness of the offence. The court, after reviewing the record and noting the lack of compliance with Sections 52A and 57 and the fact that the seized quantity was below commercial threshold, found the case fit for bail without delving into the merits. Accordingly, bail was granted on personal bond and two sureties with standard conditions.

Issues considered

  • Whether bail can be granted in an NDPS case 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 criminal history affect bail eligibility

Legislation cited

Subjects

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

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 33249 of 2026

Minsari Bai
                                                               .....Applicant(s)
                                     Versus

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

Counsel for Applicant(s)      : Rajesh Kumar, Udayveer Singh, Vijay
                                Kumari Srivastava
Counsel for Opposite Party(s) : G.A.

Court No. - 68
(Sr. No.7 out of 61)

                       HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Udayveer Singh, learned counsel for the applicant, Sri V.K.S.
Parmar, learned A.G.A. for the State and perused the material placed on
record.

3. Applicant seeks bail in Case Crime No.102 of 2026, under Section 8, 20
of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police
Station- Kalinjar, District- Banda, 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 7.9 Kg. of ganja 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 & 57 of the N.D.P.S.
Act. There is no criminal history of the applicant. The applicant is
languishing in jail since 28.7.2026. The applicant is ready to cooperate with
trial. In case, the applicant is released on bail, he will not misuse the liberty
of bail.
                                                                                              BAIL No. 33249 of 2026
                                                                      2


                                    6. Learned A.G.A. has vehemently opposed the bail application.

                                    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- Minsari Bai, 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 18, 2026
                                    Vikas Verma




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

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