ASIM KHANversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 38620 of 2025

Asim Khan
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)             :   Ankita Tiwari, Sushil Shukla
Counsel for Opposite Party(s)        :   G.A.

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

1. Heard Sri Sushil Shukla, learned Senior Counsel assisted by Ms.
Ankita Tiwari, learned counsel for the applicant and Sri S.D. Shukla,
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. 77 of 2025, under Section
8,21 NDPS Act, registered at Police Station Bhot, District Rampur, during
pendency of the trial.

3. It has been argued by the learned Senior counsel for the applicant that
applicant is innocent and he has been falsely implicated in this case and
he has been languishing in jail since 24.7.2025. It is further submitted that
mandatory provisions of Section 52-A of NDPS Act have not been
complied with as it has been mentioned in the general diary that the
sample of the alleged recovered contraband was taken on oral order of the
Magistrate. It is submitted that no Judicial Magistrate can pass oral order
as the oral order has no evidentiary value. In support of his submission,
learned Senior Counsel has placed reliance on the judgement of Hon'ble
Apex Court in Yusuf@Asif vs. State, (2024) 14 SCC 217. 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 and it is submitted that mandatory provisions of
Section 50 of NDPS Act have been complied with.


5. As per allegation in the FIR, 500gram of heroine is said to have been
recovered from the possession of the applicant and it is submitted that
mandatory provisions of Section 52-A of NDPS Act have not been
complied with as the samples have not been taken as per the direction of
the learned Magistrate and oral direction has been given. The applicant
 has been languishing in jail since 24.7.2025.

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 in Union of India vs. Shiv Shanker Kesari, 2007 (7) SCC 798 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- Asim Khan 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