Allahabad High Court
AMIT KUMAR SINGH @ SIPAHIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity and lack of criminal history.
Summary
The applicant, Amit Kumar Singh, sought bail in a narcotics case (Crime No. 63 of 2026) under Sections 8 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The court noted that a co‑accused, Vineet Singh, had already been granted bail in a similar case, establishing parity. The applicant had no prior criminal record. After hearing both sides, the court, without delving into the merits, found that the applicant had made out a case for bail. Accordingly, bail was granted on the condition of a personal bond, two sureties, and compliance with standard conditions such as not tampering with evidence or intimidating witnesses. Any breach 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 during the pendency of trial, considering parity with a co‑accused and the applicant's clean record
Legislation cited
Subjects
- bail
- NDPS Act
- criminal procedure
- parity
- sureties
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26383 of 2026
Amit Kumar Singh @ Sipahi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar, Yatharth Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 61 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Yatharth Srivastava, learned counsel for the applicant, Sri D.K.
Singh, 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-
Kachhwa, 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- Amit Kumar Singh @ Sipahi, 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,
subject to verification of sureties, with the conditions that he shall not
tamper with evidence or intimidate witnesses and shall appear before the
BAIL No. 26383 of 2026
2
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
Checking your session…