Rajat Verma Alias Habada Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

Rajat Verma Alias Habada Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release on bail of Rajat Verma @ Habada on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, sureties to be verified before issuance of the release order, subject to conditions: (i) no tampering with evidence during trial; (ii) no pressurising/intimidating prosecution witnesses; (iii) appearance before the trial court on dates fixed; breach of any condition to be ground for cancellation of bail.

Issue for consideration

Whether applicant Rajat Verma alias Habada, booked under Section 8/20 NDPS Act in Case Crime No. 157 of 2025 (alleged recovery of 920 gm charas), is entitled to bail during trial, given counsel's claims of non-compliance with Section 52(A), absence of chemical analyst report, and alleged contraband quantity below commercial quantity.

Court's answer

After weighing the complicity of the accused, severity of punishment and totality of facts and circumstances, and without commenting on the merits of the case, the court found it a fit case for bail at this stage.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions (no tampering with evidence, no pressurising/intimidating prosecution witnesses, appearance before the trial court on fixed dates), breach of any condition being ground for cancellation of bail.

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.) allowed Criminal Misc. Bail Application No. 29270 of 2025 filed by Rajat Verma alias Habada seeking bail in Case Crime No. 157 of 2025, Police Station Bithoor, District Kanpur Nagar, under Section 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, wherein the FIR alleges recovery of 920 gm of charas from the applicant's possession. Counsel for the applicant argued false implication, non-compliance with the mandatory provision of Section 52(A) NDPS Act, absence of any chemical analyst report corroborating that the contraband was charas, and that the recovered quantity was below commercial quantity; the applicant had been in jail since 03.06.2025. Learned A.G.A. opposed the application. Without commenting on the merits, and considering the complicity of the accused, severity of punishment and totality of facts and circumstances, the court held it a fit case for bail and directed release on a personal bond and two sureties each in the like amount, with verification of sureties before the release order, subject to conditions against tampering with evidence and pressurising prosecution witnesses and requiring attendance before the trial court on fixed dates; breach of any condition was declared a ground for cancellation of bail. It was expressly made clear that observations made in granting bail shall not affect the trial judge in forming his independent opinion based on testimony of witnesses.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 29270 of 2025

Rajat Verma Alias Habada

.....Applicant(s)

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

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Istyak Khan, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the record.

Applicant seeks bail in Case Crime No. 157 of 2025, under Section 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Bithoor, District Kanpur Nagar, during the pendency of trial.

As per the allegations of the FIR, 920 gm of charas is said to have been recovered from the possession of the applicant.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel for the applicant has stated that there is no compliance of mandatory provision of Section 52(A) of the N.D.P.S. Act. There is no report of the chemical analyst to corroborate that the alleged contraband is charas or not. The alleged contraband recovered from the applicant is below the commercial quantity, as such the applicant is entitled for bail.

Learned counsel for the applicant has stated that the applicant is languishing in jail since 03.06.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail.

BAIL No. 29270 of 2025

2

Learned A.G.A. has vehemently opposed the bail application.

Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

Let the applicants - Rajat Verma @ Habada , who are involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

i) The applicants shall not tamper with the evidence during trial. ii) The applicants shall not pressurise/intimidate with the prosecution witnesses.

iii) The applicants shall appear before the trial court on the date fixed.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

(Krishan Pahal,J.)

September 16, 2025

Sumit S

Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad