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Allahabad High Court

KAKO @ KAFIAversusSTATE OF U.P.

Decided

Holding

The court held that bail should be granted to the applicant.

Summary

The Allahabad High Court considered a bail application filed by Kako @ Kafia in Criminal Case No. 149 of 2025 under Sections 8 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The applicant contended that she was falsely implicated, was not arrested on the spot, and no narcotic material was recovered from her possession, while co‑accused who were arrested on the spot had already been released on bail. The State opposed the bail but could not distinguish the applicant’s case from that of the co‑accused, who were similarly situated. Noting the applicant’s clean record, the absence of any seizure against her, and the precedent of bail being granted to the co‑accused and her brother‑in‑law, the court deemed it appropriate to enlarge bail. Accordingly, the bail was granted on the condition of a personal bond, two reliable sureties, and specific undertakings not to tamper with evidence, commit offences, intimidate witnesses, and to appear before the trial court as required.

Issues considered

  • Whether bail can be granted to an accused under Sections 8 and 29 of the NDPS Act who was not arrested on the spot and from whose possession no narcotic was recovered
  • Whether the applicant’s lack of prior criminal antecedents and the grant of bail to co‑accused justify the release on bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 8
  • Section 29
  • false implication
  • no prior criminal record
  • co‑accused bail
  • court conditions

Judgment

                HIGH COURT OF JUDICATURE AT ALLAHABAD

         CRIMINAL MISC. BAIL APPLICATION No. - 15307 of 2026

Kako @ Kafia
                                                                 .....Applicant(s)
                                      Versus
State of U.P.
                                                                    .....Opposite
                                                                          Party(s)

Counsel for Applicant(s)          :   Riyaz Husain, Sayeed Saif Ullah, Sufia
                                      Saba
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. 149 of 2025, under Section 8/29 N.D.P.S.
Act, Police Station- Mirzapur, District- Saharanpur.

3. The Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case. He contends that the applicant although
named in the FIR has not been arrested from spot and nothing has been
recovered from the possession or on the pointing out of the applicant. The
accused arrested on the spot namely Tasleem @ Bhura, Harpal and
Tavassum @ Kali have been granted bail by this Court vide its orders dated
13.10.2025, 29.10.2025 and 25.11.2025 passed in Criminal Misc. Bail
Application No. - 35127 of 2025, Criminal Misc. Bail Application No. - 35695 of
2025 and Criminal Misc. Bail Application No. - 32189 of 2025 respectively.
The applicant has no criminal antecedents and the role assigned to the
applicant is allegedly purchasing smak from the co-accused who were
arrested on spot. 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 the case of the applicant stands on a similar
footings to that of the co-accused who have been granted bail.

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 co-accused Tasleem @ Bhura,
Harpal and Tavassum @ Kali, who were arrested on spot and from whose
possession smack has been recovered have been granted bail by this Court.
The brother-in-law of the applicant Jishan was also implicated in the case has
been granted bail in Criminal Misc. Bail Application No. - 38295 of 2025 vide
order dated 18.11.2025. The applicant is a lady having no criminal
antecedents and also the fact that applicant is not a previous convict, I deem it
fit to enlarge the applicant on bail.

7. The bail application is allowed.

8. Let the accused-applicant- Kako @ Kafia, involved in above mentioned
                                                                                                   BAIL No. 15307 of 2026
                                                                       2

                                    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.

                                    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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