Javed Vs State of U.P.

Heard Sri Riyaz Hussain, Advocate, holding brief of Sri Sayeed Said Ullah, learned counsel for the applicant, Sri Shiv Dutt Shukla, learned AGA for the Staterespondents and perused the record.

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The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 107 of 2026 under Section 8/20 NDPS Act, registered at Police Station Mirzapur, District Saharanpur during pendency of the trial.

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It has been argued by learned counsel for the applicant that applicant has been falsely implicated in this case and 135 gram of Charas is said to have been recovered from the possession of the applicant and mandatory provision of Section 50 of NDPS Act has not been complied with as the alleged recovery has not been made in the presence of any gazetted officer. It is further submitted that the alleged recovered contraband is much below the commercial quantity. It is further submitted that applicant has criminal history of 11 cases in which, he is on bail and he is languishing in jail since 07.4.2026. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

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On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and submits that mandatory provisions of NDPS Act have been complied with and consent of the applicant was obtained before conducting his personal search.

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As per the FIR, 135 gram of Charas, which is much below the commercial quantity, is said to have been recovered from the possession of the applicant, however, it is submitted that mandatory provision of Section 50 of NDPS Act has not been complied with as the alleged recovery has not been made in the presence of any gazetted officer. Applicant has criminal history of 11 cases in which, he is on bail and

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BAIL No. 16504 of 2026

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2

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he is languishing in jail since 07.4.2026.

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Upon considering the totality of facts, nature and evidence reflected from record, taking into consideration the provision of Section 37 of the NDPS Act and in view of the law laid down by Hon'ble Apex Court in Union of India vs. Shiv Shanker Kesari, 2007 (7) SCC 798 and Nadeem Ahmad vs. State of West Bengal 2025 LawSuit (SC) 1134 (2025 INSC 993) the larger mandate of Article 21 of the Constitution of India and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED.

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Let the applicant Javed involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :-

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(i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

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(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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May 14, 2026 Madhurima

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(Jitendra Kumar Sinha,J.)

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Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad

Javed v. State of U.P.

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Javed v. State of U.P.

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