Firasat @ Lala Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12232 of 2026

Firasat @ Lala

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

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Court No. - 64

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HON'BLE VIVEK VARMA, J.

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Learned AGA for the State submits that the instructions have been received and he has no objection in case the bail application is decided on merits.

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Heard learned counsel for the applicant, Sri N.K. Sharma, learned AGA for the State-opposite party and perused the record.

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The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 752 of 2025, under Section 8 and 20 N.D.P.S. Act, Police Station- Katghar, District- Moradabad during the pendency of trial.

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Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. False recovery of 1140 gm. 'Charas' has been shown from the possession of the applicant. There is no independent witness to the alleged recovery. The mandatory provisions of sections 50, 51 and 52A N.D.P.S. Act have not been complied with. There is no F.S.L. report to establish that the substance recovered is 'Charas'. No accurate scientific instruments were used for weighment. While weighing the recovered substance, the police has weighed it along with packing material. The police has deliberately shown the quantity of the alleged narcotics substance marginally higher in order to add to the gravity of the offence. It is next contended that the

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BAIL No. 12232 of 2026

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procedure of sampling adopted is in violation of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022. The criminal history of the applicant has been explained in para 25 of the bail application. The applicant is in jail since 26.11.2025. In case, he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA for the State has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record this Court prima facie finds that there is no independent witness to the alleged recovery. The mandatory provisions of sections 50, 51 and 52A N.D.P.S. Act have not been complied with. There is no F.S.L. report to establish that the substance recovered is 'Charas'. No accurate scientific instruments were used for weighment. The procedure of sampling adopted is in violation of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022. Apart from the instant case, the applicant is not involved in any case under the NDPS Act, as such there are reasonable grounds to believe that the applicant shall not indulge himself in other cases of similar nature. Moreover, the applicant has remained confined for more than four months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant Firasat @ Lala , involved in the aforesaid 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 subject to the conditions that he:

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