Allahabad High Court
BAIL/45623/2025 of BALDEV Vs STATE OF U.P. on 29 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 45623 of 2025 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Sri Sanjay Kumar Sharma, learned counsel for applicant hands up supplementary affidavit, the same is taken on record. 1A. Heard Sri Sharma, learned counsel for accused
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 45623 of 2025
Court No. - 69
HON'BLE AVNISH SAXENA, J.
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1. Sri Sanjay Kumar Sharma, learned counsel for applicant hands up supplementary affidavit, the same is taken on record. 1A. Heard Sri Sharma, learned counsel for accused applicant and learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused- Baldev to enlarge him on bail in Case Crime No. 649 of 2025, under Sections 8/20 of NDPS Act, P.S.- Katghar, District- Moradabad, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused applicant has been implicated in FIR dated 12.10.2025 lodged by the police against the accused/applicant while apprehending the applicant with 1.2 Kgs. of Charas while he was on his way. It is contended by learned counsel that the accused/applicant has criminal history of three cases, wherein in all the cases he is on bail. The arrest and recovery has been made in absence of independent witness. The mandatory provisions of NDPS have not been complied with. The trial is continuing, which is still at nascent stage as only PW-1 is examined by the court despite long incarceration the accused/applicant is in jail since 12.10.2025. He seeks enlargement of accused on bail.
4. Learned A.G.A. for State opposed the bail application.
5. This Court has taken into consideration the rival submissions made by Versus Counsel for Applicant(s) : Ajai Kumar, Sanjay Kumar Sharma Counsel for Opposite Party(s) : G.A. Baldev .....Applicant(s) State of U.P. .....Opposite Party(s)
learned counsel for the parties and perused the record.
6. Considering that arrest and recovery has been made in the absence of independent witness, the mandatory provisions of NDPS Act is subject matter of trial, which is still at nascent stage.
7. In the case of Mohd. Muslim alias Hussain Vs. State (NCT of Delhi) [(2023) 18 SCC 166] the Apex Court observed and held that the rigour under Section 37 of NDPS 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. Therefore, considering the facts and circumstances of the case, the bail application is allowed.
8. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 30, 2026 Abhishek Sri. BAIL No. 45623 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad