Allahabad High Court
AMIT GURUNGversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed, and the applicant is released on bail subject to conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Amit Gurung, who was arrested in a Narcotic Drugs and Psychotropic Substances (NDPS) case (Sections 8, 22, 23) for allegedly possessing small quantities of Diazepam, Buprenorphine, and Phenergan injections. The applicant claimed innocence, asserting that the seized quantities were far below commercial levels and that he was falsely implicated. The State opposed bail, citing the seriousness of the NDPS offences. After reviewing the record and invoking Section 37 of the NDPS Act, the Court found the case suitable for bail without expressing a view on the merits. Consequently, the Court ordered the applicant’s release on bail upon furnishing a personal bond of Rs. 50,000 with two sureties and imposing several conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in an NDPS case involving small quantities of narcotics.
- Whether the low quantity of seized drugs warrants a presumption of innocence sufficient for bail.
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- Narcotic Drugs and Psychotropic Substances Act — s. 22, 23, 37, 8
Subjects
- bail
- NDPS Act
- Section 483 B.N.S.S.
- low quantity narcotics
- Section 37 NDPS
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9640 of 2026
Amit Gurung
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Piyush Patel, Pradeep Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed on behalf of the applicant is taken on record.
2. Heard Shri Pradeep Kumar, learned counsel for the applicant, and Shri
Ashish Kumar Tripathi, 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.04 of 2026, under Section 8/22/23
of Narcotic Drugs and Psychotropic Substances Act, registered at Police
Station Sonauli, District Maharajganj, during pendency of the trial.
4. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that Diazepam Injection 13 Ample,
each 2ml, Burenorphine Injection 13 Ample, each 2 ml and Phenergan
Promethazine Hydrochloride Injection 13 Ample, each 2 ml are said to have
been recovered from the possession of the applicant and the alleged
recovered contraband are much below the commercial quantity. The
applicant is languishing in jail since 16.01.2026, 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.
6. As per allegations in the first information report, Diazepam Injection 13
BAIL No. 9640 of 2026
2
Ample, each 2ml, Burenorphine Injection 13 Ample, each 2 ml and
Phenergan Promethazine Hydrochloride Injection 13 Ample, each 2 ml are
said to have been recovered from the possession of the applicant and the
alleged recovered contraband are much below the commercial quantity. The
applicant is languishing in jail since 16.01.2026.
7. Upon considering the totality of facts, nature and the evidence reflected
from record and also taking into consideration the provision of Section 37 of
N.D.P.S. Act 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.
8. Let the applicant- Amit Gurung involved in the aforesaid case crime
shall 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 :-
(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.
(vi) One of surety must be a resident of local area.
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
BAIL No. 9640 of 2026
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to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
April 20, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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