HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5852 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Praveen Kumar Singh, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 20 of 2024, under Sections 8/20 NDPS Act, Police Station- Jamania, District- Ghazipur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by this Court on 04.04.2024 after considering the fact that from the possession of applicant huge quantity of ganja (47.5 Kg.) was recovered but he is pressing the instant second bail application on the ground that in the present matter, applicant is in jail since 18.01.2024 i.e. for last more than one and half years and till date, trial of the case could not be concluded. He further submitted that there is no allegation that applicant is causing delay in trial. 4. He further submitted that applicant is not having any criminal history. 5. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and after considering Section 37 N.D.P.S. Act, his first bail application was dismissed as from his possession 47.5 Kg. ganja was recovered, which was huge commercial quantity. He further submitted that in cases of NDPS Act, Court should not adopt any leniency. Versus Counsel for Applicant(s) : Praveen Kumar Singh Counsel for Opposite Party(s) : G.A. Patil Vijay Bhaskar Reddy .....Applicant(s) State of U.P. .....Opposite Party(s) 6. He further submitted that even considering the fact that minimum punishment for the alleged offence is 10 years, merely on the ground that applicant is in jail for last one and half years, it is not proper to release him on bail in the instant matter, therefore, instant bail application should be dismissed. 7. I have heard learned counsel for the parties and perused the record of the case. 8. This is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court after considering the fact that from his possession commercial quantity of ganja (47.5 Kg.) was recovered and instant bail application is being pressed on the sole ground that applicant is in jail in the present matter for last one and half years but till date trial of the case could not be concluded. 9. From the report of the court concerned, which was called by this Court, it reflects, trial of the case is at its last leg and prosecution evidence has already been concluded and statement of applicant has also been recorded under Section 313 Cr.P.C., therefore, it cannot be said that trial is moving with languid pace and there is no hope of its early disposal. 10. Further, for alleged offence, if applicant is convicted then he will be awarded minimum 10 years' sentence and he is in jail in the present matter only since January, 2024 i.e. for last only one and half years. 11. Further, however, right of speedy trial is the fundamental right of an accused and considering the long incarceration, an accused can be released on bail but there must be some balance between period of incarceration, charges levelled against the accused and punishment provided for the alleged offence. 12. Therefore, considering the fact that minimum punishment provided for the alleged offence is 10 years and applicant is in jail in the present matter only for last one and half years and trial of the case is at advance stage, in view of this Court, considering the provisions of Section 37 NDPS Act, applicant should not be released on bail. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. BAIL No. 5852 of 2025 2 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 9, 2025 KK Patel BAIL No. 5852 of 2025 3 (Sameer Jain,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad