Allahabad High Court
NOORIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and granted bail on the ground of parity.
Summary
The applicant Noori sought bail in a NDPS case (sections 8, 20, 29) while the trial was pending. The court noted that an accused's prior criminal history cannot, by itself, justify continued detention if bail criteria are otherwise satisfied. The court observed that a co‑accused, Amir Khan, had already been released on bail in a similar case, establishing parity. Without expressing any view on the merits, the court found that the applicant had made out a case for bail and granted it on the condition of a personal bond, two sureties, and standard bail conditions. The order also warned that breach of conditions would lead to cancellation of bail, and it does not affect the trial on merits.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act despite a criminal antecedent.
- Whether the principle of parity with a co‑accused who was granted bail warrants granting bail to the applicant.
- Whether the conditions imposed are sufficient to ensure the applicant's compliance during trial.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 29, 8
Subjects
- bail
- NDPS Act
- criminal antecedents
- parity
- sureties
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28035 of 2026
Noori
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ifra Fatima
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 154 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Ms. Ifra Fatima, 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.248 of 2026, under Sections
8/20/29 of N.D.P.S. Act, Police Station Sector 20, District Gautam Buddha
Nagar, during the pendency of trial.
4. The criminal history assigned to the applicant has been explained. One
bail application is pending before this Court.
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 her 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 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 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
BAIL No. 28035 of 2026
2
application is allowed on the ground of parity.
7. Let the applicant- Noori 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 she 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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