Allahabad High Court
MANOJ KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court allowed the bail application on the ground of parity with a similarly situated co‑accused.
Summary
Manoj Kumar was charged under Sections 8, 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No. 248 of 2026. He applied for bail during the pendency of trial. The Court noted that a co‑accused, Amir Khan, had already been released on bail in a similar case (Criminal Misc. Bail Application No. 27787 of 2026) and that the applicant had no prior criminal record. Relying on the principle of parity and finding a prima facie case for bail, the Court granted the bail application without expressing an opinion on the merits of the underlying offence. The bail was conditioned on a personal bond, two sureties, and the applicant’s undertaking not to tamper with evidence, intimidate witnesses, and to appear before the trial court as required.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act in view of the existence of a similar bail order for a co‑accused and the applicant’s clean record.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 29, 8
Subjects
- bail
- NDPS Act
- parity
- criminal history
- sureties
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27825 of 2026
Manoj Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Daya Shanker Pandey, Prachi Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 145 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Daya Shanker Pandey, learned counsel for the applicant, Sri
R.P. Patel, learned State Law Officer and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.248 of 2026, under Section
8/20/29 of The Narcotic Drugs And Psychotropic Substances Act, 1985,
Police Station- Sector 20 Noida, District -Gautam Budh Nagar, 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, Amir Khan has already
been enlarged on bail by this Court vide order dated 10.8.2026 passed in
Criminal Misc. Bail Application No. 27787 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- Manoj Kumar, 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
BAIL No. 27825 of 2026
2
tamper with evidence or intimidate witnesses and shall appear before the
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 8, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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