Allahabad High Court
NILESH SINGH AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicants are entitled to bail and granted it subject to conditions.
Summary
The applicants Nilesh Singh and Bhola Singh were arrested in connection with the recovery of 5.150 kg of ganja and alleged possession of arms under Section 109 of the B.N.S., Section 8/20 of the N.D.P.S. Act and Section 3/25 of the Arms Act. They had been in custody since 7 May 2026 and sought bail during the pendency of the trial. The State opposed the bail, arguing the seriousness of the offences. The court examined the facts, noting that the quantity of narcotics was below the commercial threshold and that the applicants had no prior criminal record, and concluded that a prima facie case for bail existed. Accordingly, the court granted bail subject to a personal bond, two sureties and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted in a case involving possession of 5.150 kg of ganja and alleged arms offences.
- Whether the quantity being below commercial threshold and the applicants' lack of prior criminal history justify bail.
Legislation cited
- Arms Act — s. 3/25
- B.N.S. — s. 109
- N.D.P.S. Act — s. 8/20
Subjects
- bail
- narcotics
- possession
- Arms Act
- criminal procedure
- surety
- commercial quantity
- evidence tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 21079 of 2026
Nilesh Singh And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mahadeo Singh Chandel
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.99 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Mahadeo Singh Chandel, learned counsel for the applicants, Sri
R.P. Patel, learned State Law Officer for the State and perused the material
placed on record.
3. Applicants seek bail in Case Crime No.64 of 2026, under Section 109
B.N.S., 8/20 N.D.P.S. Act and 3/25 Arms Act, Police Station- Jaspura,
District Banda, during the pendency of trial.
4. Learned counsel for the applicants has argued that 5.150 kilogram of
ganja is said to have been recovered from the possession of the applicants,
which is below the commercial quantity. The applicants have been
implicated in the present case by the police to show good work. The criminal
history assigned to the applicants stands explained. The applicants are
languishing in jail since 07.05.2026. In case, the applicants are released on
bail, they will not misuse the liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application.
6. 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 applicants have made out a case for bail. The bail
BAIL No. 21079 of 2026
2
application is allowed.
7. Let the applicants- Nilesh Singh and Bhola Singh, 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 they shall not tamper with evidence or
intimidate witnesses and shall appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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