Allowed¶12

Durgesh Karnam v. State of U.P.

Bail – Section 483 BNSS, 2023

Allahabad HC7 May 2025BAIL/12450/2025

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Case brief

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What is this about?

Allahabad High Court (Ashutosh Srivastava, J.), Order dated 8.5.2025 in CRL.M.C. Bail Application No. 12450 of 2025 (neutral citation 2025:AHC:74713): bail allowed under S.483 BNSS 2023 to applicant Durgesh Karnam in Case Crime No. 254 of 2024, S.8/20 NDPS Act, PS GRP, District Jhansi; 5 Kg. 290 g ganja recovery disputed; arguments on independent witness absence and S.50 NDPS compliance; custody since 20.4.2024; no criminal history; conditions imposed.

What did the court decide?

Bail granted to Durgesh Karnam on furnishing a personal bond and two sureties each in the like amount, subject to conditions against tampering with evidence/witnesses, requiring sincere cooperation in trial and abstention from criminal activity; breach of conditions to be a ground for cancellation of bail. ¶12

Durgesh Karnam Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether applicant Durgesh Karnam, accused in Case Crime No. 254 of 2024 under Sections 8/20 NDPS Act (alleged recovery of 5 Kg. 290 grams Ganja, PS GRP, District Jhansi), deserves to be released on bail under Section 483 BNSS, 2023.

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Court's answer

Weighing the nature of accusations, evidence, severity of punishment, character of the accused, possibility of securing presence at trial, apprehension of witness tampering and public interest, and without expressing any opinion on the merits, the court found it a fit case for grant of bail.

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Ratio / Principle

Bail application allowed: applicant to be released on furnishing a personal bond and two sureties each in the like amount, subject to conditions (no tampering with prosecution evidence or intimidating/pressurizing witnesses; sincere cooperation in trial without seeking adjournments; no indulgence in criminal activity), breach being ground for cancellation; verification of identity, status and residence proof of applicant and sureties before bonds are accepted.

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Detailed headnote1 paragraphs

Bail — Section 483 BNSS, 2023 — offence under Sections 8/20 NDPS Act, 1985, Case Crime No. 254 of 2024, PS GRP, District Jhansi — alleged recovery of 5 Kg. 290 grams Ganja; defence plea of no independent witness to recovery and non-compliance with Section 50 NDPS Act — applicant in custody since 20.4.2024, no criminal history — State opposed bail on ground of pre-trial innocence not adjudicable and risk of repeat dealing — court, considering Article 21 mandate and usual bail factors but without expressing opinion on merits, held it a fit case for bail; bail allowed with personal bond, two sureties in like amount, and conditions against witness tampering, trial delay and further offences; breach to invite cancellation; verification of identity, status and residence proof directed.

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Neutral Citation No. - 2025:AHC:74713

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12450 of 2025

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Applicant :- Durgesh Karnam Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Maurya,Pankaj Sahni Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Ashish Kumar Maurya, learned counsel for the applicant, Shri Vijendra Kumar, learned A.G.A. for the State and perused the record of the case.

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The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant, Durgesh Karnam with a prayer to release him on bail in Case Crime No. 254 of 2024, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police StationGRP , District- Jhansi.

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Learned counsel for the applicant has contended that 5 Kg. 290 grams of Ganja is alleged to have been recovered from the possession of the applicant. 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 50 of the N.D.P.S. Act. 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 20.4.2024 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.

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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.

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Considering the facts of the case, 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.

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Accordingly, the bail application is allowed .

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Let the applicant Durgesh Karnam 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 :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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.

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Order Date :- 8.5.2025

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Ravi Prakash

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(Ashutosh Srivastava, J.)

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Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad

Durgesh Karnam v. State of U.P.

Case brief

What is this about?

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Durgesh Karnam v. State of U.P.

Case brief

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