VIJAY SINGHversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 36979 of 2025

Vijay Singh
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Abhishek Kumar Saroj, Nagendra
                                Bahadur Singh, Sunil Kumar
Counsel for Opposite Party(s) : G.A.

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

1. Heard Sri Nagendra Bahadur Singh, learned counsel for the applicant
and Sri B.P. Maurya, 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. 0012 of 2024, under
Section 8/20 NDPS Act, registered at Police Station Baradari, District
Bareilly during pendency of the trial.

3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this case and
he has been languishing in jail for the last two and half years and only
three witnesses have been examined and the trial is not likely to be
concluded near future. It is further submitted that PW-1 in his testimony
before the trial Court has clearly admitted that sample has been taken
from one packet only. It is further submitted that sample has not been
taken before the learned Judicial Magistrate and the entire process of
taking sample has been vitiated. It is further submitted that mandatory
provisions of Section 52-A of NDPS Act have not been complied with. It
is also submitted that the applicant undertakes that he will not misuse the
liberty, if granted. It has also been pointed out that in the wake of heavy
pendency of cases in the Court, there is no likelihood of any early
conclusion of trial.
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4. On the other hand, learned A.G.A. has opposed the prayer for grant of
bail to the applicant.


5. As per allegation in the FIR, 16.398kg of charas is said to have been
recovered from the possession of the applicant, however, it is submitted
that mandatory provisions of Section 52-A of NDPS Act have not been
complied with and the applicant has been languishing in jail for the last
two and half years and the trial is not likely to be concluded near future.

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 the NDPS Act and in view of the law laid down by Hon’ble Apex
Court Nadeem Ahmed vs. State of West Bengal, 2025 LawSuit (SC) 1134
(2025 INSC 993) and 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- Vijay Singh involved in the aforesaid case crime 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 with the following conditions :-

(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)
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.
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                                    (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
                                    Abhishek




Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad