Allahabad High Court
ANKIT SINGH @ KULLUversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed; the accused is released on bail subject to conditions.
Summary
The High Court considered a bail application filed by Ankit Singh (applicant) in a criminal case (Crime No. 69 of 2026) under Sections 8, 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant claimed absolute innocence, alleging that 65 kg of ganja recovered from three persons was falsely linked to him and that the police inflated the contraband to showcase performance. The State opposed the bail, emphasizing the seriousness of the alleged offence and the potential punishment. After reviewing the material and hearing counsel, the court, without delving into the merits, found the case prima facie suitable for bail. Consequently, the court ordered the applicant's release on bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- What is the appropriateness of granting bail to an accused under Sections 8, 20 and 29 of the NDPS Act during the pendency of trial?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 29, 8
Subjects
- bail
- NDPS Act
- criminal procedure
- presumption of innocence
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26180 of 2026
Ankit Singh @ Kullu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : G.S.Chauhan, Vivek Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.136 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Rejoinder affidavit filed by learned counsel for the
applicant is taken on record.
2. Heard Sri G.S. Chauhan, learned counsel for the applicant, Sri R.P. Patel,
learned State Law Officer for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.69 of 2026, under Section 8/20/29
of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police
Station- Chilla, District- Banda, 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. In all, 65 Kg.
of Ganja is said to have been recovered from three persons from a tube-well
in the agricultural field. The said allegations are per se false and there is no
recovery from the personal search of the applicant.
5. Learned counsel for the applicant has further argued that the said
contraband has deliberately been inflated by the police just to show good
work. The criminal history assigned to the applicant has been explained. The
applicant is languishing in jail since 5.6.2026. The applicant is ready to
cooperate with trial. In case, the applicant is released on bail, he will not
misuse the liberty of bail.
BAIL No. 26180 of 2026
2
6. Learned State Law Officer has vehemently opposed the bail application.
7. 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, without commenting on the merits of the
case, prima facie, I find it a fit case for bail. The bail application is allowed.
8. Let the applicant- Ankit Singh @ Kullu, 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.
9. 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…