Nasir @ Javed vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

Nasir @ Javed vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant Nasir @ Javed on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (1) no tampering with prosecution evidence or intimidation/pressurising of witnesses during investigation or trial; (2) sincere cooperation in the trial without seeking adjournments; (3) no indulgence in criminal activity after release; breach of conditions to be ground for cancellation of bail; identity, status and residence proof of applicant and sureties to be verified by the court concerned before bonds are accepted.

Issue for consideration

Whether applicant Nasir @ Javed, booked in Case Crime No. 527 of 2025 under S. 21/22 NDPS Act, 1985 and Ss. 312, 313, 317(4), 112 BNS (P.S. Sikandrabad, District Bulandshahr), with an alleged recovery of 115.08 grams of Alprazolam, should be released on bail.

Court's answer

Weighing the facts of the case, the larger mandate of Article 21, nature of accusations and supporting evidence, severity of punishment, character of the accused-applicant, reasonable possibility of securing his presence at trial, apprehension of witness tampering and the larger interest of the public/State — but without expressing any opinion on the merits — the court held it a fit case for grant of bail.

Ratio / Principle

The bail application is allowed; the applicant is to be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions of not tampering with prosecution evidence/intimidating witnesses, cooperating sincerely in the trial without seeking adjournments, and not indulging in criminal activity after release; breach of these conditions shall be ground for cancellation of bail, and identity, status and residence proof of applicant and sureties to be verified before bonds are accepted.

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Court No. 68) — Ashutosh Srivastava, J. — Bail granted (27 October 2025) under S. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to Nasir @ Javed in Case Crime No. 527 of 2025, P.S. Sikandrabad, District Bulandshahr, registered under S. 21/22 of the NDPS Act, 1985 and Ss. 312, 313, 317(4), 112 of BNS, wherein 115.08 grams of Alprazolam was alleged to have been recovered from his possession — marginally above commercial quantity; counsel contended absence of independent witnesses to the recovery, that neither samples had been taken nor the FSL report received, and noted custody since 5.6.2025 with five criminal-history cases claimed to have been explained; the A.G.A. opposed, asserting pre-trial innocence cannot be adjudged given alleged supplying of contraband. Considering the nature of accusations and evidence, severity of punishment, character of the accused, prospect of securing his presence at trial, risk of witness tampering and the larger public/State interest — expressly without expressing any opinion on the merits — the bail application was allowed: release on a personal bond and two sureties each in the like amount, conditioned on non-tampering/non-intimidation of witnesses, sincere trial cooperation without adjournments and abstention from criminal activity; breach to constitute ground for cancellation, with identity/status/residence proof verification before bond acceptance.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 35271 of 2025

Nasir @ Javed

.....Applicant(s)

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

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Kuldeep Kumar, learned counsel for the applicant, Shri Arimardan Yadav, learned A.G.A. for the State and perused the record of the case.

The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant, Nasir @ Javed with a prayer to release him on bail in Case Crime No. 527 of 2025, under Section 21/22 of Narcotic Drugs and Psychotropic Substances Act, 1985 and under Sections 312, 313, 317 (4), 112 of BNS, Police StationSikandrabad, District- Bulandshahr.

Learned counsel for the applicant has contended that 115.08 grams of Alprazolam is alleged to have been recovered from the possession of the applicant, which is marginally above 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 neither any samples have been taken out by the investigating officer nor FSL report has been received. 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

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applicant, who is in jail since 5.6.2025 having five 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.

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

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.

Accordingly, the bail application is allowed .

Let the applicant Nasir @ Javed 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 :-

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

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

The applicant shall not indulge in any criminal activity or

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commission of any crime after being released on bail.

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.

(Ashutosh Srivastava,J.)

October 27, 2025

Ravi Prakash

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