Allahabad High Court
KAUSHARversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted bail to the applicant, subject to conditions.
Summary
The High Court considered a bail application filed by Kaushar, who was arrested in a NDPS case (Crime No. 426 of 2025) based solely on confessional statements of co-accused who had already been granted bail. The applicant argued that no narcotics were recovered from his possession and that he is not a previous convict, despite the State’s claim of a long criminal history and three other NDPS cases. The court examined the lack of direct evidence against him and the fact that the co-accused’s statements merely mentioned his name. Weighing these facts, the court deemed it appropriate to grant bail, subject to a personal bond, two sureties, and strict conditions prohibiting tampering with evidence, intimidation of witnesses, and any criminal activity. The order expressly limits its observations to the bail application and does not comment on the merits of the underlying criminal case.
Issues considered
- Whether bail should be granted to the applicant under Sections 8, 21 and 29 of the NDPS Act despite being implicated only through co-accused confessional statements and alleged prior criminal history.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 29, 8
Subjects
- bail
- NDPS Act
- confessional statement
- prior conviction
- criminal history
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14655 of 2026
Kaushar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ali Hasan, Istiyaq Ali
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the applicant and learned A.G.A for
the State.
2. This bail application has been moved by the applicant seeking
bail in Case Crime No. 426 of 2025, under Sections 8/21/29 of
N.D.P.S. Act, police station Gangoh, district Saharanpur during he
pendendcy of the trial.
3. The learned counsel for the applicant contended that the
applicant has been falsely implicated in the present case. The
police have arrested two persons, namely, Mubarik and Aas
Mohammad @ Ashu @ Fauji, and recovered 35 gm of smack and
267 gm of smack from the possession of the co-accused. The
above-mentioned two accused have been granted bail by the
Coordinate Bench of this Court vide orders dated 1.12.2025 and
20.3.2026, passed in Criminal Misc. Bail Applications No. 41323 of
2025 and 3176 of 2026, respectively. Learned counsel for the
applicant further contended that the name of the applicant has
crept into the confessional statement of the co-accused mentioned
above, and no recovery has been made from the possession or at
the pointing out of the applicant.
4. Learned AGA has opposed the prayer for bail and has
contended that the applicant has a long criminal history of six
BAIL No. 14655 of 2026
2
cases, and the applicant has three other cases under the N.D.P.S.
Act.
5. Rejoining the issue, learned counsel for the applicant contends
that the applicant is not a previous convict.
6. I have considered the submissions made by learned counsel for
the parties.
7. The applicant has been implicated in the present case on the
basis of confessional statements given by the co-accused. No
recovery has been made from the possession or at the pointing out
of the applicant. The applicant is said to be in jail since 8.3.2026.
The applicant, although he has a criminal history, states that he is
not a previous convict. He further submits that in the other cases
under the N.D.P.S. Act, the applicant is not stated to be a previous
convict.
8. Taking into account the above-mentioned facts and
circumstances of the case, I deem it appropriate to grant bail to the
applicant.
9. Accordingly, the bail application is allowed.
10. Let the applicant Kaushar be released on bail in the aforesaid
case on his furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the court concerned, subject
to the following conditions:-
1. The applicant shall not tamper with the prosecution evidence;
shall not pressurize or intimidate the prosecution witnesses; shall
appear before the trial court on each and every date fixed, unless
personal appearance is exempted
2. He shall not indulge in any criminal activity during the pendency
of the trial; and shall not misuse the liberty of bail in any manner
whatsoever.
11. In case of breach of any of the above conditions, the court
BAIL No. 14655 of 2026
3
concerned shall be at liberty to cancel the bail of the applicant.
12. It is made clear that the observations made in this order are
solely for the purposes of deciding this bail application and shall
not be construed as an expression on the merits of the case.
May 5, 2026
Sumaira
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
SUMAIRA AQUIL
High Court of Judicature at Allahabad
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