Allahabad High Court
SUNITA DEVIversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
Bail may be granted to an accused under the NDPS Act when the quantity of narcotic seized is below commercial quantity, the accused has no prior record, and a similarly situated co‑accused has been released on bail.
Summary
Sunita Devi was arrested for allegedly possessing 978 grams of opium, a quantity below the commercial threshold under the NDPS Act. She sought bail in Criminal Misc. Bail Application No. 15231 of 2026, arguing that a co‑accused, Sunil Kumar, who faced similar facts, had already been released on bail. The State opposed the bail but could not dispute the earlier release of the co‑accused. The Court noted the low quantity of narcotic, the applicant’s clean record, and the precedent of granting bail to the similarly situated co‑accused, and therefore ordered her release on bail subject to a personal bond, two sureties and standard conditions. The bail order was to be effected through the Bail Order Management System to ensure prompt release.
Issues considered
- Whether bail can be granted to an accused under Sections 8 and 18 of the NDPS Act when the seized narcotic quantity is below commercial quantity.
- Whether the grant of bail to a similarly situated co‑accused is determinative for the present application.
Legislation cited
Subjects
- bail
- NDPS Act
- opium
- commercial quantity
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15231 of 2026
Sunita Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Jitendra Rana
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.27 of 2026, under Sections 8/18 N.D.P.S.
Act, Police Station- Sahibabad, District- Ghaziabad.
3. The Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case. The applicant and the co-accused are
said to have been arrested having in their possession opium. From the co-
accused 1.228 kg. opium have been recovered and from the applicant 978
grams of opium said to have been recovered. Learned counsel for the
applicant further contends that the similarly situated co-accused namely Sunil
Kumar has been granted bail by this Court vide its orders dated 15.4.2026
passed in Criminal Misc. Bail Application No. - 8440 of 2026 and the case of
the applicant stands on a similar footings. The applicant is in jail since
15.01.2026. It is further submitted that in case, the applicant is granted bail,
she will not misuse the liberty of bail and will cooperate in the trial
proceedings.
4. The Learned A.G.A. has opposed the prayer for grant of bail, however,
could not dispute the fact that similarly situated co-accused has been granted
bail by this Court.
5. I have considered the submissions made by the learned counsels for the
parties and perused the record.
6. Taking into consideration the fact that the applicant is said to have been
arrested with 978 grams of opium, which is much below the commercial
quantity. Similarly situated co-accused Sunil Kumar has been granted bail this
Court. The applicant is in jail since 15.1.2026 having no other criminal case to
her credit, I deem it fit to enlarge the applicant on bail.
7. The bail application is allowed.
8. Let the accused-applicant- Sunita Devi, involved in above mentioned case
crime number be released on bail, on her 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.
BAIL No. 15231 of 2026
2
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 her personal appearance is exempted by the court concerned.
9. In the event of breach of any of the aforesaid conditions, the court below will
be at liberty to proceed to cancel her bail.
10. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official website of
High Court Allahabad and verified by the concerned counsel with the
undertaking that the certified copy will be filed within 15 days.
11. 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.
May 6, 2026
Fahad
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
FAHAD NIYAZ
High Court of Judicature at Allahabad
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