High Court · 2025

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

2. Instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in FIR/ Case Crime No.32 of 2025, under Section 8/22 of Narcotic Drugs and Psychotropic Substances (NDPS) Act and Section 111 of BNS, P.S.- Kotwali Dehat, District - Sultanpur.

3. As per the prosecution story, on receiving information from an informer that two persons are traveling with Double-Decker Bus No. MP 14 ZE 7666 having some contraband substance, they were intercepted and a bag was recovered and they step down from the bus and 5.682 kg Charas was recovered from the bag. The present applicant confessed that he is a delivery boy and Dinesh Kumar Mishra and Mahendra Kumar Mishra @ Chhotu are the key players.

4. It is contented by learned counsel for the applicant that as per prosecution story, 5.682 kg of Charas is said to be recovered from a bag which is said to be in the possession of the present applicant though there is no independent public eye witness of the same. He submits that the applicant and another accused person, namely, Shikha Verma has been arrested on the information of an informant and during the investigation, there was no evidence that Shikha Verma and the present applicant had any contact with each other. He next added that the contraband substance is recovered from a bag and except apart the confessional statement of the accused, there is no other evidence. He also submits that although the contraband substance is said to be recovered from 108 packets whereas the samples were taken from one packet which is against the provisions of Section 52-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act 1985') read with Rules 9 and 10 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 (hereinafter referred to as 'Rules 2022).

5. He argued that the co-accused person, namely, Shikha Verma has already been enlarged on bail in Criminal Misc. Bail Application No.2606 of 2025 on 01.04.2025 and the applicant has no previous criminal antecedent and there is no ample evidence against him so as the trial would lead to the conviction. The applicant is languishing in jail since 28.01.2025 and in case, the applicant is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

6. Learned A.G.A. appearing for the State has opposed the contentions aforesaid but he could not dispute the fact that the identically situated co-accused has already been enlarged on bail and further with respect to the cogent evidences collected during the course of examination.

7. Having heard the learned counsel for the parties and after perusal of record, it is evident that 5.682 kg of Charas is said to be recovered from a bag which is said to be in the possession of the present applicant but there is no independent public eye witness of the alleged recovery; there is non compliance of Section 50 of the NDPS Act; prosecution has also failed to show that both the accused were acquainted and colluded to commit offence; there is no previous criminal history of the applicant and he is languishing in jail since 28.01.2025; identically situated co-accused has already been enlarged on bail in Criminal Misc. Bail Application No.2606 of 2025.

8. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail.

9. Let the applicant, Santosh Kumar Jha, involved in the aforementioned 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, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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 court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) 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 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

10. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

11. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 14.5.2025 Mohd. Sharif MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

2. Instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in FIR/ Case Crime No.32 of 2025, under Section 8/22 of Narcotic Drugs and Psychotropic Substances (NDPS) Act and Section 111 of BNS, P.S.- Kotwali Dehat, District - Sultanpur.

3. As per the prosecution story, on receiving information from an informer that two persons are traveling with Double-Decker Bus No. MP 14 ZE 7666 having some contraband substance, they were intercepted and a bag was recovered and they step down from the bus and 5.682 kg Charas was recovered from the bag. The present applicant confessed that he is a delivery boy and Dinesh Kumar Mishra and Mahendra Kumar Mishra @ Chhotu are the key players.

4. It is contented by learned counsel for the applicant that as per prosecution story, 5.682 kg of Charas is said to be recovered from a bag which is said to be in the possession of the present applicant though there is no independent public eye witness of the same. He submits that the applicant and another accused person, namely, Shikha Verma has been arrested on the information of an informant and during the investigation, there was no evidence that Shikha Verma and the present applicant had any contact with each other. He next added that the contraband substance is recovered from a bag and except apart the confessional statement of the accused, there is no other evidence. He also submits that although the contraband substance is said to be recovered from 108 packets whereas the samples were taken from one packet which is against the provisions of Section 52-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act 1985') read with Rules 9 and 10 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 (hereinafter referred to as 'Rules 2022).

5. He argued that the co-accused person, namely, Shikha Verma has already been enlarged on bail in Criminal Misc. Bail Application No.2606 of 2025 on 01.04.2025 and the applicant has no previous criminal antecedent and there is no ample evidence against him so as the trial would lead to the conviction. The applicant is languishing in jail since 28.01.2025 and in case, the applicant is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

6. Learned A.G.A. appearing for the State has opposed the contentions aforesaid but he could not dispute the fact that the identically situated co-accused has already been enlarged on bail and further with respect to the cogent evidences collected during the course of examination.

7. Having heard the learned counsel for the parties and after perusal of record, it is evident that 5.682 kg of Charas is said to be recovered from a bag which is said to be in the possession of the present applicant but there is no independent public eye witness of the alleged recovery; there is non compliance of Section 50 of the NDPS Act; prosecution has also failed to show that both the accused were acquainted and colluded to commit offence; there is no previous criminal history of the applicant and he is languishing in jail since 28.01.2025; identically situated co-accused has already been enlarged on bail in Criminal Misc. Bail Application No.2606 of 2025.

8. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail.

9. Let the applicant, Santosh Kumar Jha, involved in the aforementioned 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, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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 court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) 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 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

10. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

11. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 14.5.2025 Mohd. Sharif MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench