Allahabad High Court
FURQANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with a similarly situated co‑accused.
Summary
Furqan was charged under Sections 8, 21 and 29 of the NDPS Act in Crime No. 170 of 2026, Pilibhit. He applied for bail during the trial. The High Court examined the facts, the parties' submissions, and noted that a co‑accused, Omkar Mishra, had already been granted bail in a similar case. Relying on the principle of parity, the Court found that Furqan had made out a case for bail. Accordingly, the Court ordered his release on personal bond and two sureties, subject to conditions not to tamper with evidence, intimidate witnesses, and to appear as required.
Issues considered
- Whether bail should be granted to an accused under Sections 8, 21 and 29 of the NDPS Act during the pendency of trial, considering parity with a co‑accused who was previously released on bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 29, 8
Subjects
- bail
- NDPS Act
- parity
- criminal procedure
- sureties
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26104 of 2026
Furqan
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Javed Habib
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.133 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Javed Habib, learned counsel for the applicant, Sri Deepak Kumar Singh,
learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.170 of 2026, under Sections 8/21/29 of
NDPS Act, Police Station Jahanabad, District Pilibhit, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions made by
learned counsels for the parties, and taking into consideration that similarly placed co-
accused, Omkar Mishra, has already been granted bail by the Co-ordinate Bench of
this Court vide order dated 21.8.2026 in Criminal Misc. Bail Application No.23119 of
2026, the Court is of the view that the applicant has made out a case for bail. The bail
application is allowed on the ground of parity.
5. Let the applicant- Furqan, 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.
6. 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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