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

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

What the court decided

AI extract

Outcome

Release of accused-applicant Burhan on bail upon executing a personal bond and two reliable sureties each in the like amount, subject to: (1) not tampering with evidence; (2) not indulging in criminal activity; (3) not pressurizing/intimidating prosecution witnesses and cooperating in the trial; (4) regular appearance on each date fixed by the trial court unless exempted through counsel; breach of any condition permitting the court below to cancel the bail.

Issue for consideration

Whether the accused-applicant Burhan, booked under Sections 8/21/29/60 of the NDPS Act in Case Crime No. 149 of 2025 (Police Station Mirzapur, District Saharanpur), should be enlarged on bail.

Court's answer

Considering the nature of accusations, severity of punishment in the case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and the prima facie case, but expressly without commenting on the merits of the case, the Court concluded that a case for bail is made out.

Ratio / Principle

On that basis the Court allowed the bail application and directed that the accused-applicant Burhan be released on bail on executing a personal bond and two reliable sureties each, subject to stated conduct and attendance conditions, breach of any of which entitles the court below to cancel the bail.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 68), Hon'ble Ashutosh Srivastava, J., granted bail to applicant Burhan in Criminal Misc. Bail Application No. 36994 of 2025, moved under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning Case Crime No. 149 of 2025 under Sections 8/21/29/60 of the NDPS Act, Police Station Mirzapur, District Saharanpur. Counsel contended innocence, false implication, absence of recovery of alleged smack from the applicant's possession, custody since 22.09.2025, parity with co-accused Harpal (enlarged on bail on 29.10.2025 in Bail Application No. 35695 of 2025) and disclosure of four prior cases explained in affidavit; the learned AGA opposed but did not dispute these submissions. Weighing the nature of accusations, severity of punishment on conviction, supporting evidence, apprehension of witness-tampering and the prima facie case, and expressly without commenting on merits, the Court found a case for bail and, on 25.11.2025, ordered release on a personal bond with two reliable sureties under four conduct/attendance conditions, breach permitting cancellation by the court below.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 36994 of 2025

Burhan

.....Applicant(s)

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

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA 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. 149 of 2025, under Sections 8/21/29/60 of the NDPS Act, Police Station Mirzapur, District Saharanpur.

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 22.09.2025. He submits that there is no recovery of alleged smack from the possession of the applicant. Learned counsel for the applicant submits that similarly circumstanced co-accused Harpal has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 29.10.2025 in Criminal Misc. Bail Application No. 35695 of 2025. He submits that the applicant has criminal antecedents of four other cases to his credit which has been explained in the affidavit filed in support of the 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.

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. 36994 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, Burhan, 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 25, 2025

pks

(Ashutosh Srivastava,J.)

Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad