Allowed

Chamanbabu Sahu v. State of U.P.

Allahabad HC9 Jul 2025BAIL/23186/2025

Case brief

AI extract

What is this about?

Allahabad High Court bail granted NDPS Act Section 37 circumvented on long incarceration; Sections 8/20 NDPS; ganja commercial quantity 26.05 Kgs; Case Crime No. 289 of 2024; PS GRP Jhansi District Jhansi; second bail application after first dismissed 18.11.2024; jail since 03.05.2024 one and half years; only 3 of 12 charge-sheet witnesses examined; languid trial pace; no criminal history; Mohd. M

What did the court decide?

Release of applicant Chamanbabu Sahu on bail in Case Crime No. 289 of 2024 (Sections 8/20 N.D.P.S. Act, P.S. G.R.P. Jhansi, District Jhansi) on furnishing a personal bond and two sureties each in the

Chamanbabu Sahu vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23186 of 2025

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Chamanbabu Sahu

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.....Applicant(s)

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	Versus
State of U.P.			.....Opposite Party(s)
Counsel for Applicant(s)	: Arvind Kumar Prajapati	Prajapati,	Ram Raj
Counsel for Opposite Party(s)	: G.A.
Court No.- 73

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HON'BLE SAMEER JAIN, J.

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Heard Sri Arvind Kumar Prajapati, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 289 of 2024, under Sections 8/20 N.D.P.S. Act, Police Station G.R.P. Jhansi, District Jhansi during pendency of the trial.

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Learned counsel for the applicant submits, this is second bail application filed on behalf of applicant and first bail application of the applicant was dismissed by this Court vide order dated 18.11.2024 after considering the fact that from the possession of applicant 26 Kgs. Ganja was recovered which is commercial quantity but he is pressing the instant second bail application on the ground that applicant is in jail since 03.05.2024 i.e. for last one and half years and till date trial of the case could not be concluded.

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He further submits, till date out of 12 witnesses of the charge-sheet only three prosecution witnesses could be examined and therefore trial of the case is moving with languid pace and there is no hope of its early disposal.

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He further submits, applicant is not having any criminal history.

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Per contra, learned AGA opposed the prayer for bail and submits, from the possession of applicant commercial quantity of Ganja was recovered, therefore, his first bail application was dismissed but could not dispute the fact that from the possession of applicant only 6 Kgs. more than prescribed commercial quantity of Ganja alleged to have been recovered and he is in

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BAIL No. 23186 of 2025

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jail for last one and half years and till date out of 12 prosecution witnesses only three witnesses could be examined. Learned AGA further could not dispute the fact that applicant is not having any criminal history.

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I have heard learned counsel for the parties and perused the record of the case.

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This is second bail application filed on behalf of applicant and first bail application of the applicant was dismissed by this Court after considering the fact that from the possession of applicant 26.05 Kgs. Ganja was recovered which was commercial quantity but it reflects, in the present matter applicant applicant is in jail since 03.05.2024 i.e. for last one and half years and considering his long incarceration a report was called from the court concerned and the report is on record and from the perusal of the report, it reflects, till date only three prosecution witnesses could be examined. Considering the fact that in the charge-sheet there are as many as 12 witnesses it appears, there is no hope of early disposal of the trial.

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The Apex Court in the case of Mohd. Muslim @ Hussain Vs. State (NCT of Delhi) AIR 2023 SC 225 observed that even in cases of N.D.P.S. Act on the basis of long incarceration this Court can consider the bail application of the accused in spite of provisions of Section 37 N.D.P.S. Act.

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Further, applicant is not having any previous criminal history. Further, record also could not suggests that due to the applicant trial of the case is being lingered on.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Chamanbabu Sahu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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BAIL No. 23186 of 2025

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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October 8, 2025 AK Pandey

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(Sameer Jain,J.)

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Chamanbabu Sahu v. State of U.P.

Case brief

What is this about?

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Chamanbabu Sahu v. State of U.P.

Case brief

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