BAIL/16716/2026 of NAVED Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16716 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Hasan Parvej, holding brief of Sri Ramajan Ahmad, learned counsel for the applicant and Sri Uma Shanker Mishra, learned AGA for the State-respondents and perused the record. 2. 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. 171 of 2026, under Section 8/21/29 NDPS Act, registered at Police Station Meerganj, District Bareilly, during pendency of the trial. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case and he has been languishing in jail since 22.4.2026. It is further submitted that 350gram of smack is said to have been recovered from exclusive and separate possession of the applicant, however, it is submitted that alleged recovery has not been made in the presence of any gazetted officer as  signature of the gazetted officer has not been obtained in the memo of recovery. It is further submitted that mandatory provisions of Section 50 of the NDPS Act have not been complied with. It is further submitted that applicant is having no criminal history . 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 Versus Counsel for Applicant(s) : Ramajan Ahmad Counsel for Opposite Party(s) : G.A. Naved .....Applicant(s) State of U.P. .....Opposite Party(s) any early conclusion of trial. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and it is submitted that mandatory provisions of Sections 50 of NDPS Act have been complied with as the alleged recovery has been made in the presence of the gazetted officer. 5. As per FIR, 350gram of smack is said to have been recovered from exclusive and separate possession of the applicant, however, it is submitted that mandatory provisions of Section 50 of the NDPS Act have not been complied with as though the alleged recovery is said to have been made in the presence of a gazetted officer, however, signature of the gazetted officer has not been obtained in the memo of recovery. The applicant is having no criminal history. 6. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 37 of the NDPS Act  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. 7. Let the applicant- Naved 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 :- (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. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (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 BAIL No. 16716 of 2026 2 charge and (iii) recording of statement under Section 351 of B.N.S.S. (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. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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. May 18, 2026 Abhishek BAIL No. 16716 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad