Allahabad High Court
PUSHPENDRAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the accused on the condition of a personal bond and two sureties.
Summary
The applicant, Pushpendra, sought bail in a narcotics case (Crime No. 134 of 2026) under Sections 8, 20 and 29 of the NDPS Act, alleging false implication and inflated drug quantity. The applicant's counsel argued innocence, lack of prior serious criminal history, and willingness to cooperate, while the State opposed bail. The court examined the record, the seriousness of the alleged offence, and the possibility of tampering with evidence. Without delving into the merits, the court found the case fit for bail on a prima facie basis. Consequently, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses, with cancellation upon breach.
Issues considered
- Whether bail should be granted to the accused during the pendency of trial in a case under Sections 8, 20 and 29 of the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 29, 8
Subjects
- bail
- NDPS Act
- criminal procedure
- sureties
- trial pendency
- evidence tampering
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 24870 of 2026
Pushpendra
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pramod Kumar Srivastava, Tripathi
B.G.Bhai
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.120 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Pramod Kumar Singh, Advocate holding brief of Sri Tripathi
B.G. Bhai, 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.134 of 2026, under Section
8/20/29 of The Narcotic Drugs And Psychotropic Substances Act, 1985,
Police Station- Mahavan, 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 cause unnecessary harassment and to victimize him. A false
recovery of 20 Kg. of Ganja has been foisted on the applicant. The
allegations are per se false and the quantity of the said contraband has
deliberately been inflated by the police just to show good work and make it
fall within commercial category. The criminal history of one case assigned
to the applicant has been explained. He is in jail since 13.5.2026. The
applicant is ready to cooperate with trial. 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. Upon hearing learned counsel for the parties, perusal of record and
considering the complicity of accused, severity of punishment as well as
BAIL No. 24870 of 2026
2
totality of facts and circumstances, without commenting on the merits of the
case, prima facie, I find it a fit case for bail. The bail application is allowed.
7. Let the applicant- Pushpendra, 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
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
Checking your session…