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

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

What the court decided

AI extract

Outcome

Release of applicant Sadik on bail upon furnishing a personal bond and two sureties each in the like amount, subject to conditions of non-tampering with evidence/witnesses, sincere cooperation in trial without adjournments and abstention from criminal activity; breach constitutes ground for cancellation; identity, status and residence proof of applicant and sureties to be verified before bonds accepted.

Issue for consideration

Whether applicant Sadik, booked in Case Crime No. 432 of 2024 under Sections 8/20 NDPS Act, 1985 (alleged 20 kg Ganja recovery), P.S. Jawan, District Aligarh, is entitled to release on bail under Section 439 Cr.P.C. +1 more

Court's answer

Weighing the facts of the case, the larger mandate of Article 21, the nature of accusations, the nature of 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/state interest, and expressly without commenting on the merits of the case, the Judge concluded that a case for bail is made out.

Ratio / Principle

The bail application is allowed.

Key takeaways

Applicant Sadik is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions: (i) he shall not tamper with prosecution evidence by intimidating or pressurising witnesses during investigation or trial; (ii) he shall cooperate sincerely in the trial without seeking adjournments; (iii) he shall not indulge in any criminal activity or commission of any crime after release; breach of any condition shall be a ground for cancellation of bail, and identity, status and residence proof of the applicant and sureties is to be verified by the court concerned before the bonds are accepted.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Ashutosh Srivastava, J.) allowed a Section 439 Cr.P.C. bail application by Sadik, in custody since 01.11.2024 in Case Crime No. 432 of 2024 under Sections 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Jawan, District Aligarh, involving an alleged 20 kg Ganja recovery. Applicant's counsel contended the recovery was not effected from the applicant, lacked independent witness support, that Section 50 NDPS Act provisions were not strictly followed and that no chemical analyst report existed, suggesting false implication; the A.G.A. opposed on the ground that innocence cannot be adjudged pre-trial. Invoking Article 21 and weighing the nature of accusations, evidence, severity of punishment, character and circumstances of the accused, prospects of securing presence at trial, witness-tampering risk and public interest, and without commenting on merits, the court held a case for bail was made out, allowed the application, and ordered release on a personal bond and two sureties each in the like amount, imposing conditions against witness intimidation, adjournment-seeking and further criminal conduct, breach being ground for cancellation.

Neutral Citation No. - 2025:AHC:78093

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4918 of 2025

Applicant :- Sadik Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Sri Vijay Bahadur, learned counsel for the applicant and Shri Arimardan Yadav, learned A.G.A. for the State and perused the record of the case.

The present bail application under Section 439 Cr.P.C. has been filed on behalf of applicant, Sadik with a prayer to release him on bail in Case Crime No. 432 of 2024, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- jawan, District-Aligarh.

Learned counsel for the applicant has contended that 20 Kilogram 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 01.11.2024 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 and keeping in mind 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 commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed .

Let the applicant-Sadik, 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.

Order Date :- 2.5.2025 Deepak/

Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad