Allahabad High Court
SABIRversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail as he has made out a prima facie case.
Summary
The High Court of Allahabad considered a bail application filed by Sabir, who was arrested under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for allegedly possessing 104.4 grams of alprazolam. The applicant contended that he was falsely implicated and that the quantity was exaggerated by the police, while the State opposed bail. After reviewing the material on record and hearing counsel, the court, without expressing a view on the merits, found that the applicant had made out a prima facie case for bail. Consequently, the court ordered his release on bail upon furnishing a personal bond and two sureties, subject to standard conditions. The order emphasized that any breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail can be granted in an NDPS case under Sections 8 and 21 during the pendency of trial.
- Whether the applicant has established a prima facie case for bail despite the alleged possession of a commercial quantity of narcotics.
- What conditions should be imposed on bail in such cases.
Legislation cited
Subjects
- bail
- NDPS Act
- criminal procedure
- prima facie case
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 20387 of 2026
Sabir
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ganesh Shankar Shukla, Hari Om
Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.111 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Rejoinder affidavit filed today is taken on record.
2. Heard Sri Hari Om Pandey, learned counsel for the applicant, Rajendra
Prasad Singh, learned State Law Officer for the State and perused the
material placed on record.
3. Applicant seeks bail in Case Crime No.685 of 2023, under Section 08/21
of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police
Station- Tronica City, District Ghaziabad, during the pendency of trial.
4. As per the allegations of the FIR, 104.4 grams of alprazolam is said to
have been recovered from the possession of the applicant.
5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case with
a view to cause unnecessary harassment and to victimize him. The quantity
of the contraband has been inflated by the police to show good work and
merely to bring it within the commercial category. The criminal history
assigned to the applicant stands explained. The applicant is languishing in
jail since 03.12.2023. In case, the applicant is released on bail, he will not
misuse the liberty of bail.
6. Learned State Law Officer has vehemently opposed the bail application.
BAIL No. 20387 of 2026
2
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, and without
expressing any opinion on the merits of the case, prima-facie the Court is of
the view that the applicant has made out a case for bail. The bail application
is allowed.
8. Let the applicant- Sabir, be released on bail in the aforementioned case
crime on furnishing a personal bond and two sureties to the satisfaction of
the court concerned, subject to verification of sureties, with the conditions
that he shall not tamper with evidence or intimidate witnesses and shall
appear before the trial court as required.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 21, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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