Allahabad High Court
INDRESH KUMAR SINGH @ BULLAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted to the applicant on the ground of parity with the co‑accused.
Summary
The applicant, Indresh Kumar Singh, sought bail in a narcotics case (Crime No. 63 of 2026) under Sections 8 and 22 of the NDPS Act. The court noted that a co‑accused, Vineet Singh, had already been released on bail in a similar case, and that the applicant had no prior criminal record. Relying on the principle of parity and finding a prima facie case for bail, the court decided to grant bail without delving into the merits of the underlying offence. The bail was conditioned on a personal bond, two sureties, and compliance with standard conditions such as not tampering with evidence or intimidating witnesses. The order also warned that breach of any condition would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused under Sections 8 and 22 of the NDPS Act pending trial
- Whether the principle of parity with a co‑accused already on bail justifies granting bail
Legislation cited
Subjects
- bail
- NDPS Act
- parity
- sureties
- criminal procedure
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 24051 of 2026
Indresh Kumar Singh @ Bulla
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar, Viveka Nand Maurya
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 59 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. The rejoinder affidavit filed by counsel for the
applicant in Registry on 7.9.2026 is not on record. A copy thereof provided
by him is taken on record.
2. Heard Sri Viveka Nand Maurya, learned counsel for the applicant, Sri
Anil Kumar Mishra, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.63 of 2026, under Section 8/22 of
The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station-
Kachhawa, District -Mirzapur, during the pendency of trial.
4. After hearing learned counsel for the parties and taking into consideration
the fact that similarly placed co-accused person, Vineet Singh @ Vikash
Singh has already been enlarged on bail by this Court vide order dated
17.8.2026 passed in Criminal Misc. Bail Application No.21375 of 2026 and
that there is no criminal history assigned to the applicant, 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.
5. Let the applicant- Indresh Kumar Singh @ Bulla, be released on bail
in the aforementioned case crime on his furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the court concerned,
BAIL No. 24051 of 2026
2
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.
6. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
(Krishan Pahal,J.)
September 11, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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