Allahabad High Court
SABIR @ KALIAversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to bail and allowed the bail application.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Sabir @ Kalia, who was arrested in a NDPS case (Section 8/20) for allegedly possessing 1.260 kg of charas. The applicant contended that he was falsely implicated and that mandatory provisions of Sections 105 of the BNS Act and Sections 50 and 52‑A of the NDPS Act had not been complied with, while the State argued that those provisions were satisfied. Relying on Section 37 of the NDPS Act and the Supreme Court’s decision in Union of India v. Shiv Shanker Kesari (2007) 7 SCC 798, the Court, without expressing a view on the merits, held that the case was suitable for bail. Consequently, the bail was granted on a personal bond of Rs. 50,000 with two sureties and a set of strict conditions regarding non‑interference with witnesses and presence at trial dates. The order expressly limited its effect to the bail application and did not prejudice the trial court’s independent assessment of the evidence.
Issues considered
- Whether bail can be granted under Section 483 BNS for an offence under the NDPS Act where the mandatory provisions of Sections 50, 52‑A and 105 BNS are alleged to be non‑compliant.
- Whether the applicant’s claim of false implication and alleged procedural lapses affect the grant of bail.
- How Section 37 of the NDPS Act and the precedent set by Union of India v. Shiv Shanker Kesari govern bail decisions in NDPS cases.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Narcotic Drugs and Psychotropic Substances Act — s. 105, 20, 37, 50, 52-A, 8
Subjects
- bail
- NDPS Act
- charas
- mandatory provisions
- Section 37
- high court
- criminal procedure
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 37242 of 2025
Sabir @ Kalia
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Jitendra Singh, Rakesh Kumar Verma
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Rejoinder affidavit filed by learned counsel for the applicant is taken on record.
2. Heard Sri Rakesh Kumar Verma, learned counsel for the applicant, Sri Manoj
Gautam, learned AGA for the State-respondents and perused the record.
3. 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. 48 of 2025 under Section 8/20 NDPS Act, registered at Police
Station Dilari, District Moradabad during pendency of the trial.
4. It has been argued by the learned counsel for the applicant that applicant has been
falsely implicated in this case and he has been languishing in jail since 27.3.2025. It is
further submitted that 1.260 kg of charas is said to have been recovered from the
possession of the applicant, however, mandatory provisions of Sections 105 BNS and
sections 50 and 52-A of NDPS Act have not been complied with and the samples have
not been taken before the learned Magistrate. It is further submitted that criminal
history of applicant has been explained in the memo of application and he 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.
5. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the
applicant and submits that mandatory provisions of sections 50 and 52-A of NDPS
Act have been complied with.
6. 1.260 kg of charas is said to have been recovered from the possession of the
applicant, however, it is submitted that mandatory provisions of Sections 105 BNS
and sections 50 and 52-A of NDPS Act have not been complied with. Criminal history
of applicant has been explained in the memo of application and he is languishing in
jail since 27.3.2025.
BAIL No. 37242 of 2025
2
7. Upon considering the totality of facts, nature and evidence reflected from record,
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 in Union of India vs. Shiv Shanker
Kesari, 2007 (7) SCC 798, 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.
8. Let the applicant Sabir @ Kalia 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.
(v) The applicant shall remain present before the trial court on each date fixed, either
personally or through his counsel.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. 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.
April 23, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
Checking your session…