Allahabad High Court
AKEEL KHANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted in the NDPS case.
Summary
Akeel Khan applied for bail in a NDPS case (Crime No. 1216 of 2025) alleging false recovery of 154 grams of alprazolam powder and lack of compliance with Section 52A of the NDPS Act. The applicant claimed innocence, no chemical analysis, and that the charges were fabricated to harass him. The State opposed the bail, citing the seriousness of the offence. The court examined the record, noted the absence of mandatory Section 52A compliance, and, without delving into the merits, found the case suitable for bail. Accordingly, the court granted bail on personal bond and two sureties, imposing conditions to prevent tampering with evidence or witness intimidation.
Issues considered
- Whether bail can be granted in an NDPS case under Sections 21/22 when mandatory provisions of Section 52A are not complied with
- Whether the alleged false recovery and lack of forensic report justify bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 22, 52A
Subjects
- bail
- NDPS Act
- Section 52A
- false recovery
- alprrazolam
- criminal procedure
- personal bond
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 25897 of 2026
Akeel Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anjani Kumar Raghuvanshi, Archana
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.128 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for
the applicant is taken on record.
2. Heard Sri Ajeet Kumar, Advocate holding brief of Sri Anjani Kumar
Raghuvanshi, 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.1216 of 2025, under Section 21/22
of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police
Station- Highway, 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 154 gram of alprazolam powder has been foisted on the
applicant. The allegations are per se false. There is no compliance of
mandatory provision of Section 52A of the N.D.P.S. Act and also there is no
chemical analyst's report to corroborate that the recovered contraband is
alprazolam powder. The criminal history assigned to the applicant has been
explained. The applicant is languishing in jail since 26.12.2025. 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.
BAIL No. 25897 of 2026
2
6. Upon hearing learned counsel for the parties, perusal of record and
considering the complicity of accused, severity of punishment as well as
totality of facts and circumstances coupled with the fact that there is no
compliance of mandatory provision of Section 52A of the NDPS Act,
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- Akeel Khan, 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
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