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Allahabad High Court

JAVEDversusSTATE OF U.P.

Decided

Holding

The court allowed the bail application, granting bail to the accused.

Summary

Javed was arrested in Mathura under the Narcotic Drugs and Psychotropic Substances Act for alleged possession of 358 grams of alprazolam recovered from the dashboard of a car in which he was travelling with two others. He contended that he was falsely implicated and has been in custody since 4 June 2026, seeking bail during the pendency of trial. The applicant's counsel argued that he is innocent, poses no flight risk, and will not misuse liberty if released, while the State opposed the bail. The court examined the material on record, the submissions of counsel, and the prima facie facts, without expressing an opinion on the merits of the case. Finding that the applicant had made out a case for bail, 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 to an accused under Sections 21, 22 and 25 of the NDPS Act during the pendency of trial.
  • Whether the circumstances indicate a risk of flight, evidence tampering, or witness intimidation warranting denial of bail.

Legislation cited

Subjects

  • bail
  • Narcotic Drugs and Psychotropic Substances Act
  • Section 21
  • Section 22
  • Section 25
  • criminal procedure
  • sureties
  • presumption of innocence

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 23865 of 2026

Javed
                                                               .....Applicant(s)
                                     Versus

State of U.P.
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)      : Abhilasha Singh, Ashutosh Yadav, S.
                                Lal
Counsel for Opposite Party(s) : G.A.

Court No. - 68
(Sr. No.115 out of 185)

                          HON'BLE KRISHAN PAHAL, J.

1. List has been revised. Rejoinder affidavit filed today is taken on record.

2. Heard Ms. Abhilasha Singh, learned counsel for the applicant, Sri Ram
Mohit Yadav, learned A.G.A. for the State and perused the material placed
on record.

3. Applicant seeks bail in Case Crime No.409 of 2026, under Section
21/22/25 of The Narcotic Drugs And Psychotropic Substances Act, 1985,
Police Station- Jait, District Mathura, during the pendency of trial.

4. 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 causing unnecessary harassment and victimizing him. 358 grams
of alprazolam powder is stated to have been recovered from the dashboard of
the car, in which the applicant, along with two other co-accused persons,
was travelling. The said contraband has been falsely foisted on the applicant.
The criminal history assigned to the applicant stands explained. The
applicant is languishing in jail since 04.06.2026. In case, the applicant is
released on bail, he will not misuse the liberty of bail.

5. Learned A.G.A. 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
                                                                                             BAIL No. 23865 of 2026
                                                                      2


                                    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.

                                    7. Let the applicant- Javed, 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.

                                    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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