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

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

What the court decided

AI extract

Outcome

Release of accused-applicant Subhash on bail on execution of a personal bond and two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to conditions: (i) no tampering with evidence; (ii) no indulgence in criminal activity; (iii) no pressurizing/intimidating prosecution witnesses and cooperation in the trial; (iv) regular appearance on each and every date fixed by the trial court unless personal appearance is exempted through counsel; breach of any condition entitles the court below to cancel bail.

Issue for consideration

Whether the accused-applicant Subhash, in custody since 09.02.2025 in Case Crime No. 32 of 2025 (Sections 8/20/29/60 NDPS Act, Police Station Babina, District Jhansi), should be enlarged on bail during the pendency of trial.

Court's answer

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

Ratio / Principle

The bail application is allowed.

Key takeaways

The accused-applicant Subhash is to 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 conditions that he will not tamper with the evidence, will not indulge in any criminal activity, will not pressurize/intimidate the prosecution witnesses and will cooperate in the trial, and will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel.ratio¶16
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.ratio¶21

Detailed headnote1 paragraphs

Bail granted - High Court of Judicature at Allahabad, Court No. 68 (Ashutosh Srivastava, J.), Criminal Misc. Bail Application No. 24685 of 2025, decided October 28, 2025. Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlargement on bail of applicant Subhash in Case Crime No. 32 of 2025, under Sections 8/20/29/60 of the NDPS Act, Police Station Babina, District Jhansi, during the pendency of trial. Counsel urged innocence, custody since 09.02.2025, parity with similarly circumstanced co-accused Dinesh Shah already enlarged on bail by a Co-ordinate Bench vide order dated 19.09.2025 in Criminal Misc. Bail Application No. 11906 of 2025, and explanation of five criminal-history cases in para-18 of the supporting affidavit; the A.G.A. opposed but could not dispute these facts. Without commenting on the merits, the Court found a case for bail and allowed the application: release on a personal bond and two reliable sureties each in the like amount, subject to conditions of no tampering with evidence, no criminal activity, no pressurizing/intimidation of prosecution witnesses with cooperation in trial, and regular appearance before the trial court; breach authorises the court below to cancel bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 24685 of 2025

Subhash

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Anwar Hussain
Counsel for Opposite Party(s) : G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Sri Anwar Hussain, learned counsel for the applicant, Sri Shashank Singh, learned Brief Holder for the State-Respondent and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of the accused-applicant seeking enlargement on bail in Case Crime No. 32 of 2025, under Sections 8/20/29/60 of NDPS Act, Police Station- Babina, District- Jhansi, during the pendency of trial.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 09.02.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused, Dinesh Shah, has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 19.09.2025 in Criminal Misc. Bail Application No. 11906 of 2025. He submits that apart from the present case, the applicant has five cases of criminal history to his credit, which has been explained in para-18 of the affidavit filed in support of this bail application. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact.

BAIL No. 24685 of 2025

2

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, Subhash , 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.

(Ashutosh Srivastava,J.)

October 28, 2025

Saif

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad