Allowed

Naushad v. State of U.P.

Allahabad HC27 Oct 2025BAIL/34376/2025

Case brief

AI extract

What is this about?

Bail application under Section 483 BNSS in an NDPS case alleging recovery of 400 grams of charas from the applicant. Court considered nature of accusation and evidence without expressing opinion on merits and allowed bail with conditions against tampering, adjournments and further crime.

What did the court decide?

Applicant Naushad released on bail on personal bond and two sureties each in like amount, subject to conditions including no tampering with evidence and cooperation in trial.

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

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 34376 of 2025

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Naushad

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	Versus .....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Sayeed Saif Ullah, Sufia Saba : G.A.

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Court No. - 68

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard Shri Sayeed Saif Ullah, learned counsel for the applicant, Shri S. K. Rai, learned A.G.A. for the State and perused the record of the case.

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The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant, Naushad with a prayer to release him on bail in Case Crime No. 261 of 2025, under Section 8/20/29 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Kutubsher, District- Saharanpur.

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Learned counsel for the applicant has contended that 400 grams of Charas is alleged to have been recovered from the possession of the applicant, which is below commercial quantity. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant, who is in jail since 9.8.2025 having four cases of criminal history to his credit, which have sufficiently been explained, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by

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BAIL No. 34376 of 2025

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contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity.

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Considering the facts of the case, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.

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Accordingly, the bail application is allowed .

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Let the applicant Naushad involved in abovesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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(Ashutosh Srivastava,J.)

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October 28, 2025 Ravi Prakash

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Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad

Naushad v. State of U.P.

Case brief

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Naushad v. State of U.P.

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