HIGH COURT OF JUDICATURE AT ALLAHABAD Atul Sharma .....Appellant(s)

Versus State of U.P.

.....Respondent(s)

Counsel for Appellant(s) : Piyush Kumar Shukla, Subhash Chandra Pandey Counsel for Respondent(s) : G.A.

Court No. - 91 HON'BLE RAJ BEER SINGH, J.

1. Heard learned counsel for the appellant and learned A.G.A. for the State.

2. Admit.

3. List in due course.

Order on Criminal Misc. Application under Section -

430(1) BNSS :-

1. This application has been filed on behalf of the appellant for suspension of sentence and grant of bail during pendency of this appeal.

2. Heard learned counsel for the appellant, learned A.G.A.

for the State and perused the record.

3. The appellant has been convicted by the trial court under Section - 8/20 N.D.P.S. Act and he has been sentenced to four year rigorous imprisonment along with fine.

4. It is submitted by learned counsel for the appellant that the Trial court has failed to appreciate the evidence in accordance with law and that there is no credible evidence against the appellant. Alleged recovery of 5 kg ganja shown from the possession of appellant, is wholly false. There is no independent witness of the alleged recovery. Learned counsel has referred impugned judgment and statement of recovery witnesses and submitted that there are material contradictions in the statements of witnesses. Further, the mandatory provisions of N.D.P.S. Act, including Section – 50 of the Act, have not been complied with. Appellant is in jail continuously since 30.11.2022 and thus, he has already undergone the detention of more than three years. Lastly, it was submitted that in view of huge pendency of cases, there is no possibility of early hearing in the appeal and thus, in view of the aforesaid facts and circumstances of the case, the appellant may be granted bail during pendency of appeal.

5. Learned A.G.A. has opposed the application.

6. Considering submissions of learned counsel for the parties, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for suspension of sentence is made out. Hence, application for suspension of sentence is hereby allowed.

7. Let the appellant - Atul Sharma, convicted and sentenced in S.T. No. 1323 of 2022, arising out of Case Crime No. 162 of 2022, under Section Section - 8/20 N.D.P.S. Act, Police Station - Thakurdwara, District - Moradabad, be released on bail on his furnishing a personal bond with two sureties (one should be of his family member) in the like amount to the satisfaction of the court concerned.

8. On acceptance of bail bonds and personal bond, the court concerned shall transmit photostat copies thereof to this Court for being kept on the record.

9. Realization of the amount of fine imposed by the trial court shall remain stayed during the pendency of this appeal.

February 26, 2026 Anand (Raj Beer Singh,J.)

ANAND VERMA

High Court of Judicature at Allahabad