Allahabad High Court

AMAR BANSALversusSTATE OF U.P.

Decided: 18 March 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The Court held that bail should be granted to the accused subject to conditions.

Summary

The High Court considered a bail application filed under Section 483 of the CrPC for Amar Bansal, who was arrested in a narcotics case under Sections 8 and 20 of the NDPS Act for allegedly possessing 20.300 kg of ganja, a quantity exceeding the commercial threshold. The applicant argued lack of independent witnesses, absence of a chemical analysis report, and his clean criminal record, claiming false implication. The State opposed bail, contending that pre‑trial innocence could not be presumed in a case involving supply of narcotics and that the applicant might re‑offend. Weighing factors under Article 21, the nature of the accusation, evidence, severity of punishment, the applicant’s character, and the risk of witness tampering, the Court found a case for bail. Consequently, the bail was granted subject to a personal bond, two sureties, and conditions prohibiting witness intimidation, trial delays, and further criminal activity.

Issues considered

Whether bail should be granted in an NDPS case where the alleged contraband exceeds the commercial quantity
Whether the absence of independent witnesses and a chemical analysis report justifies presumption of innocence at the pre‑trial stage
Whether the risk of the accused tampering with witnesses or re‑offending outweighs the liberty interest under Article 21

Legislation cited

Code of Criminal Procedure — s. 483
Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 8

Subjects

bail
NDPS Act
pre‑trial liberty
commercial quantity
witness tampering
Article 21

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8355 of 2026

Amar Bansal
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ashish Kumar Gupta
Counsel for Opposite Party(s) : G.A.

Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Sri Ashish Kumar Gupta, learned counsel for the applicant, Shri
Manoj Kumar Singh, learned A.G.A. for the State and perused the record
of the case.

The present bail application under Section 483 BNSS has been filed on
behalf of applicant, Amar Bansal, with a prayer to release him on bail in
Case Crime No. 41 of 2026, under Section 8/20 of Narcotic Drugs and
Psychotropic Substances Act, 1985, Police Station- Sasni Kotwali,
District- Hathras.

Learned counsel for the applicant has contended that 20.300 Kilogram of
Ganja is alleged to have been recovered from the possession of the
applicant. The recovered contraband is marginally above than 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. 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
06.02.2026 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.

Considering the facts of the case and keeping in mind larger mandate of
Article 21 of the constitution of India, the nature of accusations, the nature
BAIL No. 8355 of 2026
2

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 commenting on merit of case, a case for bail is
made out.

Accordingly, the bail application is allowed.

Let the applicant-Amar Bansal, 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
Deepak/

Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad

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