Allahabad High Court
WAQEELversusSTATE OF U.P.
- Decided
Holding
The court held that, in view of Section 37 of the NDPS Act and the Supreme Court’s decision in Toofan Singh v. State of Tamil Nadu, the applicant is entitled to bail.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Waqeel, who was arrested in a case under Sections 8 and 20 of the NDPS Act for possession of 10.3 kg of ganja. The applicant’s name appeared in the confessional statements of co‑accused, and the State argued that his undisclosed criminal history under the IPC and Arms Act should bar bail. Relying on Section 37 of the NDPS Act and the Supreme Court’s ruling in Toofan Singh v. State of Tamil Nadu (2021), the Court found the circumstances suitable for bail. The bail was granted subject to a personal bond of Rs. 50,000 with two sureties and several conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its scope to the bail application and did not comment on the merits of the underlying criminal case.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act when his involvement is established through co‑accused confessional statements.
- Whether the applicant’s alleged prior criminal history under the IPC and Arms Act precludes the grant of bail.
- Whether Section 37 of the NDPS Act and the Supreme Court precedent in Toofan Singh v. State of Tamil Nadu permit bail in the present facts.
Legislation cited
- Arms Act
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 379, 380, 411
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 37, 8
Subjects
- bail
- NDPS Act
- narcotics
- confessional statements
- Section 37
- Supreme Court precedent
- criminal history
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14254 of 2026
Waqeel
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ansar Haider Rizvi, Raza Hasnain
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Ansar Haider Rizvi, learned counsel for the applicant, Sri B.P. Maurya,
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. 20 of 2026 under Section 8/20 NDPS Act, registered at Police
Station Gulawati, District Bulandshahar during pendency of the trial.
3. It has been argued by learned counsel for the applicant that co-accused Shahid,
Subhash Chand, Farjana and Pappu have already been granted bail by this Court as
well as by Co-ordinate Bench of this Court vide orders dated 10.4.2026, 20.3.2026,
01.4.2026 and 18.3.2026 passed in Crl. Misc. Bail Application Nos. 7942 of 2026,
9513 of 2026, 8164 of 2026 and 9143 of 2026 respectively. It is further submitted that
as per the FIR, 50 kg of ganja is said to have been recovered from a vehicle in which
five co-accused persons namely Shahid, Subhash Chand, Farjana, Pappu and Nikita
were found travelling. It is further submitted that name of the applicant has surfaced in
the confessional statements of arrested co-accused persons on the basis of which, he
was arrested along with 10.3 kg of ganja which was recovered from his possession. It
is further submitted that a separate case has been registered against the applicant and
he is on bail in the said case. It is further submitted that applicant is languishing in jail
since 17.1.2026 and he 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. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the
applicant and submits that he has not explained criminal history of three cases relating
to offence under sections, 379/411 IPC, 380/411 IPC and Arms Act.
5. Five accused persons namely Shahid, Subhash Chand, Farjana, Pappu and Nikita
were found travelling in a vehicle from which, 50 kg of ganja is said to have been
BAIL No. 14254 of 2026
2
recovered. Name of the applicant has surfaced in the confessional statements of
arrested co-accused persons and he is languishing in jail since 17.1.2026
6. Upon considering the totality of facts, nature and evidence reflected from record,
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 Toofan Singh vs. State of Tamil Nadu,
2021 (4) SCC 1 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 Waqeel 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.
(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 anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an expression
on the merits of the case. The trial court shall be absolutely free to arrive at its
independent conclusions on the basis of evidence led unaffected by anything said in
this order.
May 6, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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