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

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

What the court decided

AI extract

Outcome

Applicant Abid to be released on bail in Case Crime No. 156 of 2025 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (non-tampering with prosecution evidence/witnesses, sincere cooperation in trial without adjournments, abstention from criminal activity), breach of any condition being ground for cancellation of bail; identity, status and residence proof of applicant and sureties to be verified before acceptance of bonds.

Issue for consideration

Whether the applicant Abid, booked in Case Crime No. 156 of 2025 under Sections 8/21/29 of the NDPS Act, Police Station Nakur, District Saharanpur, should be released on bail under Section 483 of the BNSS, 2023.

Court's answer

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

Ratio / Principle

Bail granted subject to conditions: furnishing of a personal bond and two sureties each in the like amount; no tampering with prosecution evidence or intimidation/pressurizing of witnesses during investigation or trial; sincere cooperation in the trial without seeking adjournments; no indulgence in criminal activity after release; breach of any condition to be a 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.

Detailed headnote1 paragraphs

Bail - NDPS Act - Sections 8/21/29 NDPS Act, Case Crime No. 156 of 2025, P.S. Nakur, District Saharanpur; applicant Abid sought bail under Section 483 BNSS, 2023; counsel contended alleged recovery of 25 grams of Smack was below commercial quantity, unsupported by independent witness, and that the applicant (in custody since 18.5.2025 with 11 prior criminal cases, stated to be sufficiently explained) was falsely implicated; A.G.A. opposed, arguing innocence cannot be adjudged pre-trial and the applicant, allegedly involved in supplying contraband, may resume similar activity. Held: weighing the larger mandate of Article 21, nature of accusations and evidence, severity of punishment, character and circumstances of the accused, likelihood of presence at trial, apprehension of witness tampering and public interest, and without expressing any opinion on the merits, the bail application was allowed; applicant to be released on a personal bond and two sureties each in the like amount, subject to conditions of non-tampering with evidence/witnesses, cooperation in trial without adjournments and abstention from crime, breach being ground for cancellation, with identity, status and residence proof to be verified before bonds accepted.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 37195 of 2025

Abid

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

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Rohit Singh under the authority of Shri Ashok Kumar Singh Bais, learned counsel for the applicant, Shri Punit Singh, 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, Abid with a prayer to release him on bail in Case Crime No. 156 of 2025, under Section 8/21/29 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Nakur, District- Saharanpur.

Learned counsel for the applicant has contended that 25 grams of Smack 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 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 18.5.2025 having 11 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

BAIL No. 37195 of 2025

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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 Abid 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 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.)

November 6, 2025 Ravi Prakash

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