Allahabad High Court
RAJU KHANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed, and the applicant is released on personal bond and sureties subject to conditions.
Summary
The applicant, Raju Khan, filed a bail application in a criminal case (Crime No. 277 of 2026) under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, alleging possession of a quantity below commercial threshold. The court examined the nature of the offence, the severity of the prescribed punishment, the absence of independent public witnesses, the pending chemical analyst report, and the applicant's explained criminal history. Considering these factors, the court found the case suitable for bail. Consequently, the court ordered the release of the applicant on personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and regular appearance before the trial court. The court warned that breach of any condition would lead to cancellation of bail, and the observations would not affect the trial on merits.
Issues considered
- Whether bail should be granted in an NDPS case involving sections 8 and 20 when the alleged quantity is below commercial threshold
- Whether the lack of independent public witnesses and the pending chemical analyst report justify bail
- Whether the applicant's criminal history, explained before the court, affects the bail decision
Legislation cited
Subjects
- bail
- NDPS Act
- Section 8
- Section 20
- low quantity
- criminal procedure
- sureties
- evidence tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27610 of 2026
Raju Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Mohd. Irfan
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 76 out of 115)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Aasiya Parveen, Advocate holding brief of Sri Mohd. Irfan, learned
counsel for the applicant and Sri Yogesh Mishra, learned State Law Officer and also
perused the material placed on record.
3. By means of the present application, the applicant seeks bail in Case Crime No.
277 of 2026, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances
Act, 1985 Police Station - Civil Lines, District - Rampur, during the pendency of
trial.
4. Considering the facts and circumstances of the case, submissions made by learned
counsel for the parties, nature of offence, severity of punishment and also considering
the fact that the alleged recovery is below the commercial quantity, there is a lack of
independent public witnesses to support the recovery, the chemical analyst report is
not yet on record coupled with fact that criminal history assigned to the applicant has
been explained, this Court prima facie finds it a fit case to release the applicant on
bail.
5. Accordingly, the bail application is allowed. Let the applicant- Raju Khan, be
released on bail 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.
September 17, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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