Allahabad High Court
NISHU KASHYAPversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Prima facie, the applicant is entitled to bail as the confessional statement of the co‑accused has no evidentiary value.
Summary
The High Court considered a bail application filed by Nishu Kashyap, who was arrested in a narcotics case (Crime No. 297 of 2026) under Sections 8, 22, 29 and 60 of the NDPS Act. The applicant claimed innocence, alleging that the police had falsely implicated him and that his name appeared only in a co‑accused's confessional statement recorded under Section 67, which the court noted has no evidentiary value. The State opposed bail, emphasizing the seriousness of the offence. After reviewing the record, the court held that, on a prima facie basis, the applicant was eligible for bail and ordered his release on personal bond and two sureties, subject to conditions against tampering with evidence or intimidating witnesses. The order clarified that the bail decision would not prejudice the trial judge’s independent assessment of the case.
Issues considered
- Whether the applicant is entitled to bail pending trial in a case under the NDPS Act despite the presence of his name in a co‑accused's confessional statement.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22, 29, 60, 67, 8
Subjects
- bail
- NDPS Act
- confessional statement
- prima facie
- criminal procedure
- surety
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28984 of 2026
Nishu Kashyap
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ankit Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 87 out of 115)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Two supplementary affidavits filed by learned
counsel for the applicant is taken on record.
2. Heard Sri Ankit 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. 297 of 2026, under Section
8/22/29/60 of The Narcotic Drugs And Psychotropic Substances Act, 1985,
Police Station- Rorawar, District -Aligarh, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case by
the police to show good work. The name of applicant has come up in the
confessional statement of the co-accused person recorded by the arresting
officer u/s 67 of the NDPS Act. The applicant is stated to be the buyer of the
said contraband.
5. Learned counsel for the applicant has stated that there is no criminal
history of the applicant. The applicant is languishing in jail since 7.7.2026.
In case, the applicant is released on bail, he will not misuse the liberty of
bail.
6. Learned A.G.A. has vehemently opposed the bail application.
BAIL No. 28984 of 2026
2
7. Upon hearing learned counsel for the parties, perusal of record and
considering the complicity of accused, severity of punishment, the fact that
the name of applicant has come up in the confessional statement of the co-
accused person, which has no evidentiary value in the eyes of law, at this
stage without commenting on the merits of the case, prima facie, I find it a
fit case for bail. The bail application is allowed.
8. Let the applicant- Nishu Kashyap, who is involved in aforementioned
case crime be released on bail 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 condition that he shall not tamper
with evidence or intimidate witnesses and shall appear before the trial court
as required.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. It is made clear that observations made in granting bail to the applicant
shall not in any way affect the learned trial Judge in forming his independent
opinion based on the testimony of the witnesses.
(Krishan Pahal,J.)
September 17, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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