Allahabad High Court
AJAY YADAVversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and therefore granted bail.
Summary
The High Court considered the bail application of Ajay Yadav, who was charged under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act in a case registered at Kaptanganj Police Station, Azamgarh. The applicant argued that his criminal antecedents had been fully explained and should not, by themselves, justify continued detention. The court noted that bail may be granted if the case for bail is otherwise made out, irrespective of past convictions. It also observed that a co-accused, Ganesh Chaube, had already been released on bail in a similar circumstance, establishing parity. Without expressing any view on the merits of the underlying offence, the court found that the applicant had satisfied the criteria for bail. Consequently, the bail was granted subject to a personal bond, two sureties, and standard conditions of non‑tampering with evidence and appearance before the trial court.
Issues considered
- Whether an accused under the NDPS Act can be granted bail despite having a criminal history.
- Whether parity with a co‑accused already released on bail warrants granting bail to the applicant.
Legislation cited
Subjects
- bail
- NDPS Act
- criminal antecedents
- parity
- sureties
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28033 of 2026
Ajay Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ayush Yadav, Shailendra Kumar
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 153 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Shailendra Kumar Yadav, learned counsel for the applicant, Sri
R.M. Yadav, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.175 of 2026, under Section 8/20
N.D.P.S. Act, Police Station Kaptanganj, District Azamgarh, during the
pendency of trial.
4. The criminal history assigned to the applicant has been explained.
5. This Court is of the view that if a case for bail is otherwise made out,
an accused cannot be kept incarcerated solely on account of his criminal
antecedents. In the instant case, the criminal history assigned to the
applicant has been properly explained.
6. Considering the facts and circumstances of the case, the submissions
made by learned counsel for the parties, the evidence on record, taking into
consideration that similarly placed co-accused person Ganesh Chaube has
already been enlarged on bail by this Court vide order dated 28.7.2026
passed in Criminal Misc. Bail Application No.25971 of 2026, and without
expressing any opinion on the merits of the case, prima facie the Court is of
BAIL No. 28033 of 2026
2
the view that the applicant has made out a case for bail. Accordingly, the bail
application is allowed on the ground of parity.
7. Let the applicant- Ajay Yadav, 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.
8. 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
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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