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HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 14345 of 2026

Dharmendra Pal

.....Applicant(s)

Versus

State of U.P.

.....Opposite

Party(s)

Counsel for Applicant(s) : Jay Prakash Pandey, Umesh Chandra

Tiwari

Counsel for Opposite Party(s) : G.A.

Court No. - 69

HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Sudhanshu Tiwari, holding brief of Sri Umesh

Chandra Tiwari, learned counsel for the applicant and Sri J.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.

105 of 2025, under Section 8/18 NDPS Act, registered at Police

Station Bisauli, District Budaun, 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 20.3.2026. It is

further submitted that as per FIR, 629 gram of opium is said to

have been recovered from the possession of the applicant which is

much below the commercial quantity, however, it is submitted that

mandatory provisions of Section 52-A of NDPS Act have not been

complied with as the samples have not been taken in accordance

with the Rules 9, 10 and 11 of the Rules published by the Union of

India in the official gazette and the same have not been certified by

the learned Magistrate. It is also submitted that the applicant

undertakes that he will not misuse the liberty, if granted. It has also

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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. 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 and 52-A of NDPS Act and Section 105

BNSS have been complied with.

5. As per FIR, 629 gram of opium is said to have been recovered

from the possession of the applicant which is much below the

commercial quantity, however, it is submitted that mandatory

provisions of Section 52-A of NDPS Act have not been complied

with as the samples have not been taken in accordance with the

Rules 9, 10 and 11 of the Rules published by the Union of India in

the official gazette and the same have not been certified by the

learned Magistrate.

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 in view of the law laid

down by Hon'ble Apex Court in Nadeem Ahmed vs. State of West

Bengal, 2025 LawSuit (SC) 1134 (2025 INSC 993) and in view of

the law laid down by Hon'ble Apex Court in Union of India vs. Shiv

Shanker Kesari, 2007 (7) SCC 798 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- Dharmendra Pal 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.

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(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 ap