Allahabad High Court
PAWANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant on the ground of parity with a co‑accused and the absence of a criminal history.
Summary
The applicant, Pawan, filed a bail application in a criminal case (Crime No. 159 of 2026) under Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The High Court considered the fact that a co‑accused, Amit Kumar, had already been released on bail in a similar case and noted that the applicant had no prior criminal record. After hearing counsel for both sides, the court, without expressing a view on the merits of the underlying offence, found that the applicant had made out a prima facie case for bail on the ground of parity. Consequently, the court ordered that Pawan be released on bail upon furnishing a personal bond and two sureties, subject to standard conditions such as not tampering with evidence or intimidating witnesses. The order also stipulated that breach of any condition would be grounds for cancellation of bail.
Issues considered
- Whether bail should be granted to the accused under Sections 8 and 15 of the NDPS Act during the pendency of trial.
- Whether the principle of parity with a similarly situated co‑accused who was previously released on bail warrants granting bail.
Legislation cited
Subjects
- bail
- NDPS Act
- parity
- sureties
- witness tampering
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28916 of 2026
Pawan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjeev Kumar Rai
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 84 out of 115)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sanjeev Kumar Rai, 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.159 of 2026, under Section 8/15 of
The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station-
Shahpur, District -Muzaffar 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, Amit Kumar has already
been enlarged on bail by this Court vide order dated 25.8.2026 passed in
Criminal Misc. Bail Application No. 30057 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- Pawan, 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. 28916 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 17, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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