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Yogendra Singh v. State of U.P.

Allahabad HC5 May 2026BAIL/14407/2026

Case brief

AI extract

What is this about?

NDPS bail; Section 8/20 N.D.P.S. Act; 10 Kg ganja below commercial quantity; Chapter V NDPS Act non-compliance; Sections 42, 50, 52A NDPS Act; sampling violation Rules 8-11 NDPS (Seizure, Storage, Sampling and Disposal) Rules 2022; no independent witness; Section 483 BNSS; Allahabad High Court; Court No. 64; Vivek Varma, J.; P.S. Rajapur, District Chitrakoot; co-accused Jai Kumar; custody since 04.04.2026; charge sheet filed; bail allowed with conditions.

What did the court decide?

Applicant Yogendra Singh to be released on bail in Case Crime No. 73 of 2026 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions of appearance on fixed dates, non-tampering with prosecution evidence, and non-pressure on prosecution witnesses. ¶16

Yogendra Singh Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, Yogendra Singh, arraigned in Case Crime No. 73 of 2026 under Section 8/20 N.D.P.S. Act, Police Station Rajapur, District Chitrakoot, is entitled to be enlarged on bail during the pendency of trial. +1 more

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Court's answer

The applicant is entitled to be enlarged on bail, having remained confined for more than one month with the charge sheet filed, no hope of early conclusion of trial, and no reasonable apprehension shown by the State of tampering with evidence, delaying the trial, or intimidating witnesses; observations made without commenting on the merits.

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Ratio / Principle

Prima facie, the mandate of Chapter V of the NDPS Act has not been followed: there is no independent witness to the recovery, the recovered contraband is below commercial quantity, and the sampling procedure under Rules 8, 9, 10 and 11 of the NDPS (Seizure, Storage, Sampling and Disposal) Rules, 2022 was violated; the applicant has no criminal antecedents.

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Key takeaways

Bail granted on furnishing a personal bond and two sureties each in the like amount, subject to conditions that the applicant appear on dates fixed by the trial court, not tamper with prosecution evidence, and not pressurize prosecution witnesses; breach entitles the prosecution to move for cancellation of bail before the Court.ratio¶16

Detailed headnote1 paragraphs

Bail under Section 483 BNSS in Case Crime No. 73 of 2026, Section 8/20 N.D.P.S. Act, P.S. Rajapur, District Chitrakoot, arising from alleged recovery of 10 Kg ganja (below commercial quantity) from a motorcycle ridden by co-accused with applicant as pillion rider. Held (Vivek Varma, J.), prima facie, the mandate of Chapter V of the NDPS Act was not followed: no independent witness to the recovery, contraband below commercial quantity, and sampling procedure under Rules 8, 9, 10 and 11 of the NDPS (Seizure, Storage, Sampling and Disposal) Rules, 2022 violated. Applicant in jail since 04.04.2026, no criminal antecedents, charge sheet filed, and no reasonable apprehension of tampering, delay or intimidation shown by the State. Bail granted on personal bond and two sureties, with conditions against tampering and pressurizing witnesses; breach actionable by cancellation application.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 14407 of 2026

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Yogendra Singh

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.....Applicant(s)

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	Versus
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	: Awaneesha Kumar, Rajesh Kumar	Narendra Singh,
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 and Sri N.K.Sharma, learned AGA for the State-opposite party.

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The instant bail application, under Section 483 BNSS, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 73 of 2026, under Section 8/20 N.D.P.S. Act, Police Station- Rajapur, District Chitrakoot during the pendency of trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the present case. False recovery of 10 Kg. ganja (10 packets) has been shown from a motorcycle driven by the co-accused Jai Kumar. The applicant is the pillion rider. There is no independent witness to the alleged recovery. The alleged contraband is below commercial quantity. The mandatory provisions of Sections 42, 50 and 52A of N.D.P.S. Act have not been complied with. The procedure for sampling provided under Rule 8, 9,10 and 11 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 have been violated. There is no FSL report to establish that the substance recovered is ganja. The applicant is in jail since 04.04.2026 having no criminal history and in case, he is enlarged on bail, he will not misuse the said liberty.

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BAIL No. 14407 of 2026

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Learned AGA 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, I am of the prima facie view that the mandate of Chapter V of the NDPS Act has not been followed. There is no independent witness to the recovery. The recovered contraband is below commercial quantity. The procedure for sampling provided under Rule 8, 9, 10 and 11 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 have been violated. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than one month and after submission of charge sheet 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 the 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 Yogendra Singh 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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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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