Bail may be granted in NDPS cases when the recovered contraband is below the commercial quantity and the totality of facts and evidence supports the applicant's release.

1. Heard Shri Ranjan Dhwaj Tiwari, learned counsel for the applicant, and Shri B.P. Singh, 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. 07 of 2026, under Section 8/21/23 of Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Bargadwa, District Maharajganj, during pendency of the trial.

3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further submitted that 50 bottles Diazepam injections, 50 bottles Buprenorphine injections and 50 bottles Phenergan injections are said to have been recovered from the possession of the applicant and co-accused Khalid and the recovered contraband is below the commercial quantity. It is further submitted that the mandatory provisions of Section 52-A of N.D.P.S. Act have not been complied with and the alleged recovered contraband does not come within the purview of NDPS Act. The applicant is languishing in jail since 02.02.2026, 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.

4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.

5. As per allegations in the first information report, 50 bottles Diazepam injections, 50 bottles Buprenorphine injections and 50 bottles Phenergan injections are said to have been recovered from the possession of the applicant and co-accused Khalid and the recovered contraband is below the commercial quantity. It is further submitted that the mandatory provisions of Section 52-A of N.D.P.S. Act have not been complied with. The applicant is languishing in jail since 02.02.2026.

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 N.D.P.S. Act and the law laid down in the case of Union of India vs Shiv Shanker Kesari (2007) 7 SCC 798 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- Roshan Gupta involved in the aforesaid case crime shall 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 :-

(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 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 anyt