Allahabad High Court
NOORIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
An accused under the NDPS Act may be granted bail if the case for bail is made out and criminal antecedents alone do not justify incarceration, especially where a similarly situated co‑accused has been released on bail.
Summary
The High Court considered a bail application filed by Noori, who is charged under Sections 8, 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The applicant’s criminal history was explained, and the court noted that antecedents alone cannot justify continued detention if bail criteria are satisfied. The court observed that a co‑accused, Afsana @ Baby, had already been released on bail in a similar case, establishing parity. After evaluating the submissions and evidence, the court found that the applicant had made out a case for bail. Consequently, the bail was granted subject to a personal bond, two sureties, and standard conditions such as not tampering with evidence or intimidating witnesses.
Issues considered
- Whether an accused under the NDPS Act can be granted bail despite having a criminal history.
- Whether parity with a similarly situated co‑accused who was released on bail warrants granting bail to the applicant.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(C), 29, 8
Subjects
- bail
- NDPS Act
- criminal antecedents
- parity
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28121 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. 158 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 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.376 of 2026, under Sections
8/21(C)/29 N.D.P.S. Act, Police Station Phase-I Noida, District Gautam
Buddha Nagar, 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 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 Afsana @ Baby has
already been enlarged on bail by this Court vide order dated 14.8.2026
passed in Criminal Misc. Bail Application No.28561 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
application is allowed on the ground of parity.
BAIL No. 28121 of 2026
2
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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