Allahabad High Court grants bail to applicant in NDPS case (12.5 kg ganja) considering Article 21, incarceration since Dec 2024, no prior criminal history; bail subject to standard conditions.
Applicant released on bail on furnishing personal bond and two sureties each in like amount with conditions. ¶¶12
The court held that the applicant Aakash Kumar Sharma is entitled to bail and ordered his release on furnishing a personal bond and two sureties each in the like amount, subject to conditions including non-tampering with evidence, cooperation in trial, and not indulging in criminal activity. ¶¶11-¶12
Neutral Citation No. - 2025:AHC:69027
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4733 of 2025
Applicant :- Aakash Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ashutosh Srivastava,J.
Heard Sri Vijay Kumar Dwivedi, learned counsel for the applicant, Shri Raj Kumar Nishad, learned Brief Holder 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, Aakash Kumar Sharma with a prayer to release him on bail in Case Crime No. 0722 of 2024, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Khair , District- Aligarh.
Learned counsel for the applicant has contended that 12 Kg 500 grams of Ganja is alleged to have been recovered from the possession of the applicant. 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. There is no report of chemical analyst. 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 24.12.2024 having no criminal history to his credit, 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.
Without expressing any opinion on the merits, let the applicant Aakash Kumar Sharma 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 :-
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.
Order Date :- 1.5.2025 Ravi Prakash
(Ashutosh Srivastava, J.)
Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant Aakash Kumar Sharma is entitled to bail in Case Crime No. 0722 of 2024 under Section 8/20 NDPS Act considering the alleged recovery of 12.5 kg ganja, the prosecution's compliance with Section 50 NDPS Act, the applicant's incarceration since 24.12.2024, and the mandate of Article 21.¶¶7-¶11
How this case reached the court
Applicant arrested and in judicial custody since 24.12.2024 in Case Crime No. 0722 of 2024 under Section 8/20 NDPS Act, Police Station Khair, District Aligarh.¶¶7-¶8
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
