BHUPENDRA PATELversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 9644 of 2026

Bhupendra Patel
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Sher Bahadur Yadav, Yogendra Nath
                                Yadav
Counsel for Opposite Party(s) : G.A.

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

1. Heard Shri Sher Bahadur Yadav, along with Shri Yogendra Nath
Yadav, learned counsel for the applicant, and Shri O.P. Singh, 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. 23 of 2026, under Section
8/20/29 of Narcotic Drugs and Psychotropic Substances Act, registered at
Police Station Kotwali Dehat, District Mirzapur, during pendency of the
trial.

3. 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 28.135 Kg of ganja is said to
have been recovered from a vehicle, in which, the applicant and co-
accused were travelling. It is further submitting that nothing has been
recovered from his conscious possession. It is further submitted that the
mandatory provisions of Sections 50 and 52-A of N.D.P.S. Act and
Section 105 BNSS have not been complied with. 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.
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4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant and it has been submitted by him that the commercial quantity
of ganja are said to have been recovered from a vehicle, in which, the
applicant and other co-accused were travelling.

5. As per allegations in the first information report, 28.135 Kg of ganja is
said to have been recovered from a vehicle, in which, the applicant and
co-accused were travelling. It is further submitting that nothing has been
recovered from his conscious possession. It is further submitted that the
mandatory provisions of Sections 50 and 52-A of N.D.P.S. Act and
Section 105 BNSS have not been complied with and the applicant is
languishing in jail since 16.01.2026.

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 N.D.P.S. Act and the law laid down in the case of Union of India vs
Shiv Shanker Kesari (2007) 7 SCC 798 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- Bhupendra Patel 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
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                                    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.)
                                    April 20, 2026
                                    RKM




Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad