Allahabad High Court
RAMSAMUSHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant on the ground of parity with a co‑accused who had already been released on bail.
Summary
The applicant, Ramsamush, was charged under Sections 8, 22, 23 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act in Criminal Case No. 131 of 2026, with two cases filed against him simultaneously. A co‑accused, Naveen Kumar Gautam, had earlier been released on bail by the same court in a related bail application. The applicant’s counsel sought bail on the ground of parity with the co‑accused, arguing that there was a prima facie case for release during the pendency of trial. The court, after hearing both sides, noted the earlier bail order and, without expressing any view on the merits of the charges, held that the applicant satisfied the criteria for bail. Accordingly, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, and to appear as required, with a warning that breach would lead to cancellation.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act during the pendency of trial.
- Whether the principle of parity with a co‑accused who has already been released on bail warrants granting bail to the applicant.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22, 23, 29, 8
Subjects
- bail
- NDPS Act
- parity
- co-accused
- criminal procedure
- surety
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 22451 of 2026
Ramsamush
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Kamal Kishor Mishra, Kavita Nishad, Sanjeev
Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.105 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Kamal Kishor Mishra, learned counsel for the applicant, Sri Arun Kumar
Mishra, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.131 of 2026, under Sections 8/22/23/29
N.D.P.S. Act, Police Station Shyamdeurawan, District Maharajganj, during the
pendency of trial.
4. In all, two cases were foisted on the applicant simultaneously, at a go.
5. After hearing learned counsel for the parties and taking into consideration that
similarly placed co-accused person Naveen Kumar Gautam has already been enlarged
on bail by this Court vide order dated 12.08.2026 passed in Criminal Misc. Bail
Application No.21410 of 2026, 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. Accordingly, the bail application is allowed on the ground of parity.
6. Let the applicant- Ramsamush, 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.
7. 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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