Allahabad High Court

DEEPU BHARTIversusSTATE OF U.P.

Decided: 4 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The Court held that the applicant is entitled to bail as there is no evidence of his involvement and co‑accused have already been released on bail.

Summary

The High Court considered a bail application filed by Deepu Bharti in an NDPS case (Crime No. 131 of 2026) alleging that he was falsely implicated in a drug‑trafficking offence. No contraband was recovered from his possession and he was not arrested on the spot, unlike co‑accused who were police personnel. The applicant has no prior criminal record, and the same co‑accused have already been released on bail by the Court. The State opposed bail, claiming the applicant was part of a drug‑trafficking gang colluding with police, but could not refute the lack of direct evidence against him. Weighing the facts, the Court found no material to justify continued detention and ordered the applicant’s release on bail subject to standard conditions.

Issues considered

Whether the applicant, who was not found in possession of contraband and has no criminal antecedents, is entitled to bail in an NDPS case.
Whether the bail granted to co‑accused police personnel is determinative for granting bail to the applicant.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b), 29, 8

Subjects

bail
NDPS Act
drug trafficking
false implication
police personnel
bail conditions

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15115 of 2026

Deepu Bharti
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Amrita Kashyap
Counsel for Opposite Party(s) : G.A.

Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State
and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No.131 of 2026, under Sections 8/20(b),
29 NDPS Act, Police Station- Ramkola, District- Kushinagar.

3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The applicant was not arrested
on the spot nor was any contraband recovered from his possession or
pointing out. The applicant is not a police personnel. The contraband
weighing 21.100 kg has been recovered from the co-accused Sunder Lal
Nishad and Suresh Yadav. Similarly situated co-accused Suraj Giri and
Nitesh Kumar Yadav, who were police personnel supposedly involved in
the trafficking of Ganja, have been enlarged on bail by this Court vide its
order dated 23.04.2026 passed in Criminal Misc. Bail Application No. -
13420 of 2026 (Suraj Giri and Another Vs. State of U.P.). The case of the
applicant is on a similarly footing to that of the co-accused, therefore,
similar indulgence may also be granted to the applicant. The applicant is
in jail since 27.3.2026 and he does not have any criminal antecedents.

4. The Learned A.G.A. has opposed the prayer for grant of bail and has
contended that the applicant belongs to a gang involved in drug
trafficking with active collusion of the police personnel. The Learned
A.G.A., however, could not dispute the fact that similarly situated co-
BAIL No. 15115 of 2026
2

accused have already been enlarged on bail by this Court.

5. I have considered the submissions made by the Learned counsels for
the parties and perused the record.

6. The co-accused Suraj Giri and Nitesh Kumar Yadav, are stated to be
police personnel who were involved alongwith the applicant and the co-
accused arrested on the spot in supposedly trafficking Ganja. The
applicant has no criminal antecedents and co-accused have already been
enlarged on bail by this Court. No recovery has been made from the
possession or pointing out of the applicant. The applicant is in jail since
27.3.2026.

7. Taking into account all the facts and circumstances of the case, I deem
it fit to enlarge the applicant on bail.

8. The bail application is allowed.

9. Let the accused-applicant- Deepu Bharti, involved in above mentioned
case crime number be released on bail, on his executing a personal bond
and two reliable sureties each, in the like amount to the satisfaction of the
court concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted by the court
concerned.

10. In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel his bail.

11. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
BAIL No. 15115 of 2026
3

website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.

12. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.

(Rajiv Lochan Shukla,J.)
May 5, 2026
Sachin

Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad

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