Allahabad High Court
RAVI KUMARversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to bail in the NDPS case.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Ravi Kumar who was arrested in an NDPS case (Sections 8/20) for alleged possession of 1.498 kg of charas. The applicant claimed innocence, no prior criminal record, and argued that the mandatory requirement of a gazetted officer’s signature on the recovery memo under Section 50 of the NDPS Act was not complied with. The State contended that all procedural requirements had been met. Relying on Section 37 of the NDPS Act and the Supreme Court’s decision in Union of India v. Shiv Shanker Kesari (2007), the Court found the case suitable for bail without commenting on the merits. Consequently, the bail was granted on a personal bond of Rs. 50,000 with two sureties and several conditions, with a warning that breach would lead to cancellation.
Issues considered
- Whether bail can be granted under Section 483 B.N.S.S. when the recovery memo under Section 50 NDPS Act lacks the gazetted officer’s signature.
- Whether the applicant’s lack of criminal history and the bail granted to a co‑accused justify bail in the present NDPS case.
- Whether the High Court may grant bail without expressing an opinion on the merits of the underlying offence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 37, 50, 8
Subjects
- bail
- NDPS Act
- Section 50 procedural compliance
- high court
- presumption of innocence
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 41866 of 2025
Ravi Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Rajesh Kumar, 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.
343 of 2025, under Section 8/20 NDPS Act, registered at Police
Station Shikohabad, District Firozabad, 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 since 29.5.2025. It is
further submitted that co-accused Rajendra Paswan has already
been granted bail by a co-ordinate Bench of this Court vide order
dated 27.11.2025 passed in Criminal Misc. Bail Application No.
41847 of 2025. It is further submitted that 1.498 kg of charas is
said to have been recovered from the exclusive possession of the
applicant, however, it is submitted that mandatory provisions of
Sections 50 of NDPS Act have not been complied with as the
signature of the gazetted officer has not been found on the memo
of recovery. It is further submitted that applicant is having no
criminal history. It is also submitted that the applicant undertakes
BAIL No. 41866 of 2025
2
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.
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 Sections 50 of NDPS Act have been complied with.
5. Co-accused Rajendra Paswan has already been granted bail by
a co-ordinate Bench of this Court. As per FIR, 1.498 kg of charas is
said to have been recovered from the exclusive possession of the
applicant, however, it is submitted that mandatory provisions of
Sections 50 of NDPS Act have not been complied with as the
signature of the gazetted officer has not been found on the memo
of recovery. The applicant is having no criminal history.
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- Ravi Kumar 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
BAIL No. 41866 of 2025
3
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.
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.)
May 6, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
Checking your session…