Shiv Prasad Mishra Vs State of U.P.

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. 151 of 2024 under Sections 8/20 NDPS Act, registered at Police Station Chopan, District Sonbhadra during pendency of the trial.

¶12

It has been argued by learned counsel for the applicant that co-accused Hasan Ali has already been granted bail by a Co-ordinate Bench of this Court vide order dated 05.8.2025 passed in Criminal Misc. Bail Application No.6718 of 2025. It is further submitted that as per the FIR, 364.4 kg of Ganja is said to have been recovered from a truck and the applicant was found sitting next to the driver in the said truck. It is further submitted that nothing has been recovered from conscious possession of the applicant and it is alleged that the recovered contraband was being transported in the said truck. It is further submitted that applicant has no criminal history, however, one case has been lodged against him after lodging of the present case and he has been languishing in jail since 03.8.2024. 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.

¶13

On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and submits that huge commercial quantity of Ganja has been recovered from a truck and the applicant was found sitting in the said truck.

¶14

As per the FIR, 364.4 kg of Ganja is said to have been recovered from a truck and the applicant was found sitting next to the driver in the said truck. It is further submitted that nothing has been recovered from conscious possession of the applicant. co-accused Hasan Ali has already been granted bail by a Co-ordinate Bench of this

¶15

BAIL No. 34068 of 2025

¶16

2

¶17

Court. In the case of Mohd. Muslim alias Hussain Vs. State (NCT of Delhi) [(2023) 18 SCC 166], Hon'ble Apex Court observed and held that the rigour under Section 37 of N.D.P.S. Act would not come in the way, when the Court deals with the liberty of a person, as more the rigour, quicker ought to be the adjudication.

¶18

Upon considering the totality of facts, nature and evidence reflected from record, taking into consideration the provision of Section 37 of the NDPS Act, 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.

¶19

Let the applicant Shiv Prasad Mishra 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 :-

¶20

(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.

¶21

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

¶22

(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.

¶23

(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.

¶24

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

¶25

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

¶26

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.

¶27

May 12, 2026 Madhurima

¶28

(Jitendra Kumar Sinha,J.)

¶29

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

Shiv Prasad Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shiv Prasad Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Amit Singh vs State of U.P.

Niranjan Singh vs State of U.P.

Bheema Ram vs State of U.P.

Mohd Bilal vs State of U.P.

Vikas Kharwar Vs State of U.P.

Byas Muni Yadav Vs State of U.P.