Shivprasad Rana vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

Shivprasad Rana vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Accused-applicant Shiv Prasad Rana to be released on bail in Case Crime No. 123 of 2025 (Sections 8/20 NDPS Act, P.S. Mataundh, District Banda) 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 tampering with evidence; no criminal activity; no pressurising/intimidating prosecution witnesses and cooperation in trial; regular appearance before the trial court unless exempted); breach entitles the court below to proceed to cancel bail.

Issue for consideration

Whether the accused-applicant Shivprasad Rana should be enlarged on bail in Case Crime No. 123 of 2025 under Sections 8/20 of the NDPS Act, 1985, Police Station Mataundh, District Banda.

Court's answer

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

Ratio / Principle

Parity with the similarly circumstanced co-accused Alakhram Kushwaha, already granted bail by this Court on 11.09.2025, formed part of the facts weighing in favour of bail; the learned A.G.A. opposed the prayer but did not dispute the co-accused's release.

Key takeaways

The bail application is allowed.ratio¶16
The accused-applicant Shiv Prasad Rana is to 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 conditions: no tampering with evidence, no criminal activity, no pressurising/intimidating prosecution witnesses and cooperation in trial, and regular appearance on every date fixed by the trial court unless exempted; on breach of any condition the court below may proceed to cancel bail.ratio¶17

Detailed headnote1 paragraphs

Bail under S. 483, Bharatiya Nagarik Suraksha Sanhita, 2023 — Case Crime No. 123 of 2025, Ss. 8/20, NDPS Act, 1985, P.S. Mataundh, District Banda — applicant in jail since 07.06.2025, no criminal antecedent pleaded — parity: co-accused Alakhram Kushwaha already enlarged on bail on 11.09.2025 in Criminal Misc. Bail Application No. 27787 of 2025, a fact the learned A.G.A. did not dispute — considering nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and prima facie case, and without commenting on merits, bail allowed — release on personal bond and two reliable sureties each in the like amount, subject to conditions (no tampering with evidence, no criminal activity, no intimidation of witnesses, regular trial attendance); breach empowers the court below to cancel bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28812 of 2025

Shivprasad Rana

.....Applicant(s)

Versus

State of U.P.

	.....Opposite Party(s)
Counsel for Applicant(s)	: Ashutosh Upadhyay
Counsel for Opposite Party(s)	: G.A.
Court No.- 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Sri Ashutosh Upadhyaya, learned counsel for the applicant, Sri Yaguvalk Pandey, learned A.G.A 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 accused-applicant seeking enlargement on bail in Case Crime No. 123 of 2025, under Sections 8/20 of The Narcotic Drugs & Psychotropic Substances Act, 1985, Police Station - Mataundh, District Banda.

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 07.06.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Alakhram Kushwaha has already been enlarged on bail by co-ordinate Bench of this Court on 11.09.2025, in Criminal Misc. Bail Application No. 27787 of 2025. He has no criminal antecedent and 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 fact that similarly circumstanced aforesaid coaccused has already been granted bail by this Court.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting

BAIL No. 28812 of 2025

2

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, Shiv Prasad Rana, 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:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

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

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.

November 4, 2025 Vinod.

(Ashutosh Srivastava, J.)

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