Allahabad High Court
DHIRAJ SHAWversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed the bail application, granting bail to the accused subject to bond and sureties.
Summary
The applicant, Dhiraj Shaw, was arrested on 11 May 2026 for alleged possession of 25.1 kg of ganja, seized in 12 packets, under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He filed a bail application claiming innocence, alleging that the quantity was inflated by police to secure a commercial‑category charge and that he has been harassed. The State opposed bail, emphasizing the seriousness of the offence. The court, after reviewing the material and hearing counsel, found that prima facie the applicant had made out a case for bail and, without passing on the merits, ordered bail on personal bond and two sureties with standard conditions. The bail order is subject to verification of sureties and compliance with conditions, and any breach will lead to cancellation.
Issues considered
- Whether bail can be granted to the accused in a NDPS case involving alleged possession of 25.1 kg of ganja during the pendency of trial.
Legislation cited
Subjects
- bail
- NDPS Act
- narcotics
- criminal procedure
- sureties
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 23436 of 2026
Dhiraj Shaw
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Varun Kumar Chaubey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.123 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Rejoinder affidavit filed today is taken on record.
2. Heard Sri Varun Kumar Chaubey, 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.72 of 2026, under Section 8/20 of
The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station-
Tahbarpur, District Azamgarh, during the pendency of trial.
4. As per the allegations of the FIR, 25.1 kg of ganja is said to have been
recovered from the possession of the applicant stashed in 12 packets by the
police on 11.05.2026.
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
allegations are per se false. 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 11.05.2026. In case, the
applicant is released on bail, he will not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application.
BAIL No. 23436 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- Dhiraj Shaw, 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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