Allahabad High Court
SACHINversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted on the ground of parity with the co‑accused, subject to standard conditions.
Summary
Sachin, the applicant, was charged under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act in Crime No. 116 of 2026, Muzaffarnagar. He applied for bail during the pendency of trial. The court noted that a co‑accused, Rahul, had already been released on bail in a similar case (Criminal Misc. Bail Application No. 27719 of 2026) and that Sachin had no prior criminal record. Relying on the principle of parity and finding a prima facie case for bail, the court granted bail without expressing an opinion on the merits. The bail was conditioned on a personal bond, two sureties, compliance with non‑tampering and witness intimidation clauses, and attendance before the trial court, with breach being a ground for cancellation.
Issues considered
- Whether bail should be granted to the accused under Sections 8 and 21 of the NDPS Act during the pendency of trial, considering the grant of bail to a similarly situated co‑accused and the absence of a criminal record.
Legislation cited
Subjects
- bail
- NDPS Act
- Section 8
- Section 21
- parity
- criminal procedure
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27835 of 2026
Sachin
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Singh Tomar, Rahul Mishra,
Sanjay Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 147 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Gaurav Singh Tomar, learned counsel for the applicant, Sri
A.K. Mishra, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.116 of 2026, under Sections 8/21
N.D.P.S. Act, Police Station Khalapar, District Muzaffarnagar, 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, Rahul has already been
enlarged on bail by this Court vide order dated 10.8.2026 passed in
Criminal Misc. Bail Application No. 27719 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- Sachin, 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 trial court as required.
BAIL No. 27835 of 2026
2
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
Checking your session…