Allahabad High Court
VIJAYversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court granted bail to the applicant, subject to a personal bond and two sureties with specified conditions.
Summary
The Allahabad High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, where the accused was alleged to possess 1.174 kg of charas. The applicant argued that the recovery was not substantiated by independent witnesses, that the prosecution had not complied with Sections 41, 42 and 52 of the NDPS Act, and that he had no prior criminal record. The State contended that the seriousness of the alleged drug offence and the risk of repeat offences precluded bail. Relying on the principle that bail is the rule and jail the exception, and on precedents emphasizing Article 21 rights, the court found no compelling reason to deny bail. Consequently, the court ordered the release of the accused on personal bond and two sureties, subject to conditions to prevent witness tampering, ensure trial cooperation, and prohibit further criminal activity.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in a case involving alleged NDPS offences.
- Whether the prosecution complied with the procedural requirements of Sections 41, 42 and 52 of the NDPS Act.
- Whether there is a reasonable risk of the accused fleeing, tampering with evidence, or committing further offences if released on bail.
- Whether the accused's right to liberty under Article 21 outweighs the nature of the alleged drug offence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 41, 42, 52, 8
Subjects
- bail
- NDPS Act
- Section 483
- Article 21
- presumption of innocence
- criminal procedure
- surety
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 42574 of 2025
Vijay
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rupendra Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant, Shri Ajay Singh, learned A.G.A. for
the State and perused the record of the case.
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. 617 of 2025, under Section 8/20 of
Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station-
Katghar, District- Moradabad.
Learned counsel for the applicant has contended that 1 kilogram and 174
gram of Charas is alleged to have been recovered from the possession of the
applicant, which is marginally above from the commercial quantity. In fact
no such recovery was effected from the applicant. It is further submitted that
since such recovery is not supported by independent witness, possibility of
his false implication in the crime cannot be ruled out. It is next contended
that in the present case the prosecution has failed to follow strictly the
provisions of Section 41, 42 & 52 of the N.D.P.S. Act. There is no report of
chemical analyst. It is also argued that the applicant is absolutely innocent
and has been falsely implicated in the present crime with a view to cause
unnecessary harassment and victimize him. The applicant, who is in jail
since 03.10.2025 having no criminal history to his credit, deserves to be
released on bail. In case the applicant is released on bail he will not misuse
the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by
contending that the innocence of the applicant cannot be adjudged at pre trial
stage who is involved in supplying contraband, therefore, the applicant does
not deserve any indulgence. In case the applicant is released on bail he will
again indulge in similar activity.
BAIL No. 42574 of 2025
2
It is settled position of law that bail is the rule and committal to jail is an
exception in the case of State of Rajasthan Vs. Balchand @ Baliay (1977) 4
SCC 308, the Apex Court observed that refusal of bail is a restriction on the
personal liberty of the individual guaranteed under Article 21 of the
Constitution and opined para 2 "The basic rule may perhaps be tersely put as
bail, not jail, except where there are circumstances suggestive of fleeing
from justice or thwarting the course of justice or creating other troubles in
the shape of repeating offences or intimidating witnesses and the like, by the
petitioner who seeks enlargement on bail from the court. We do. not intend
to be exhaustive but only illustrative." and considering the facts of the case
and keeping in mind, the ratio of the Apex Court's judgment in the case of
Gudikanti Narasimhulu And Ors vs Public Prosecutor, High Court Of
Andhra Pradesh, AIR 1978 SC 429, larger mandate of Article 21 of the
constitution of India, the nature of accusations, the nature of evidence in
support thereof, the severity of punishment which conviction will entail, the
character of the accused-applicant, circumstances which are peculiar to the
accused, reasonable possibility of securing the presence of the accused at the
trial, reasonable apprehension of the witnesses being tampered with, the
larger interest of the public/ State and other circumstances, but without
expressing any opinion on the merits, I am of the view that it is a fit case for
grant of bail.
Without expressing any opinion on the merits, let the accused-applicant
Vijay involved in abovesaid case crime be released on bail on his furnishing
a personal bond and two sureties each in the like amount to the satisfaction
of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/
pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any
adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime
after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail. Identity, status and residence proof of the applicant and
sureties be verified by the court concerned before the bonds are accepted.
(Ashutosh Srivastava,J.)
March 19, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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