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

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

What the court decided

AI extract

Outcome

Release on bail of accused-applicant Kapil on executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to four conditions (no evidence-tampering; no criminal activity; no pressurizing/intimidating prosecution witnesses and cooperation in trial; regular appearance on dates fixed by trial court unless exemption granted through counsel), with liberty reserved to the court below to cancel bail on breach of any condition.

Issue for consideration

Whether the second bail application under Section 483 BNSS of accused-applicant Kapil, in custody since 17.10.2024 in Case Crime No. 215 of 2024 under Sections 8/20 NDPS Act, P.S. Purkaji, District Muzaffarnagar, should result in his enlargement on bail despite rejection of the first application and despite his two criminal antecedents.

Court's answer

Considering all above facts and circumstances, the nature of accusations, severity of punishment in the event of conviction, nature of supporting evidence, reasonable apprehension of tampering with the witness and the prima facie case, but without commenting on the merits of the case, a case for bail is made out.

Ratio / Principle

The (second) bail application is accordingly allowed.

Key takeaways

The accused-applicant Kapil shall be released on bail on executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to the conditions that he (i) will not tamper with the evidence, (ii) will not indulge in any criminal activity, (iii) will not pressurize/intimidate the prosecution witnesses and will co-operate in the trial, and (iv) will appear regularly on each and every date fixed by the trial court unless exempted; in the event of breach of any condition the court below is at liberty to proceed to cancel his bail.ratio¶14

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Court No. 66 (Hon'ble Ashutosh Srivastava, J.), Order dated 8.7.2025; Neutral Citation 2025:AHC:109652. Second bail application (CRIMINAL MISC. BAIL APPLICATION No. 15136 of 2025) under Section 483 BNSS of accused-applicant Kapil seeking enlargement on bail in Case Crime No. 215 of 2024, under Sections 8/20 NDPS Act, P.S. Purkaji, District Muzaffarnagar. First bail application had been rejected on 15.01.2025 (Crl. Misc. Bail Application No. 43391 of 2024). Applicant languishing in jail since 17.10.2024; investigating officer submitted charge sheet dated 28.01.2025 under Sections 8/20 NDPS Act; court below took cognizance on 29.01.2025 and framed charges on 07.03.2025. Counsel argued innocence, falsely planted/fabricated Charas contraband, two explained criminal antecedents (para 19 of bail application) and no prospect of early trial conclusion; learned AGA opposed the prayer but did not dispute the stated facts. Without commenting on the merits, the Court considered the nature of accusations, severity of punishment, supporting evidence, reasonable apprehension of witness tampering and prima facie case, held that a case for bail was made out, and ALLOWED the application: release ordered on a personal bond and two reliable sureties each in the like amount, subject to conditions (no tampering with evidence; no criminal activity; no pressurizing/intimidating prosecution witnesses and cooperation in the trial; regular appearance on every date fixed unless excused), with liberty to the court below to cancel bail on breach.

Neutral Citation No. - 2025:AHC:109652

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15136 of 2025

Applicant :- Kapil Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Ganguli,Masoom Alam Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Counter and rejoinder affidavit filed today, which are taken on record.

Heard learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record.

This is second bail application. The first bail application of the applicant was rejected by this Court vide order dated 15.01.2025 passed in Crl. Misc. Bail Application No. 43391 of 2024.

This 2nd bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Kapil, seeking enlargement on bail in Case Crime No. 215 of 2024, under Sections 8/20 NDPS Act, Police Station Purkaji, District Muzaffarnagar.

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 17.10.2024. He has criminal antecedent of two cases, which has been explained in para 19 of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the investigating officer without conducting proper investigation has illegally submitted charge sheet dated 28.01.2025 against the applicant under Section 8/20 NDPS Act and the court below has taken cognizance on 29.01.2025 and charges have been framed on 07.03.2025. The applicant has been falsely implicated in the present case by the police only to show his good work after planted false fabricated alleged contraband Charas. It is further submitted that from perusal of order sheet there is no hope to conclude the trial in near future. Hence, bail has been prayed for.

Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Kapil, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

Order Date :- 8.7.2025 v.k.updh.

Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad