Allahabad High Court
PAPPU YADAVversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail on the ground of parity with the co‑accused.
Summary
The applicant, Pappu Yadav, sought bail in a criminal case (Crime No.166 of 2026) under Sections 8 and 20 of the NDPS Act. The court considered the facts, the submissions of counsel, and noted that a co‑accused, Basant Lal Yadav, had already been granted bail in a similar case. The applicant's criminal history was explained and found not to be a bar to bail. Relying on the principle of parity with the co‑accused, the court allowed the bail application subject to a personal bond, two sureties, and standard conditions. The order emphasized that any breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail can be granted to an accused under Sections 8 and 20 of the NDPS Act during the pendency of trial.
- Whether the principle of parity with a similarly situated co‑accused justifies granting bail.
- Whether the applicant's criminal history precludes the grant of bail.
Legislation cited
Subjects
- bail
- NDPS Act
- Section 8
- Section 20
- parity
- sureties
- witness tampering
- criminal history
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31402 of 2026
Pappu Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ajai Kumar Srivastava, Juhi Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.3 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Juhi Srivastava, learned counsel for the applicant, Sri Ram Mohit Yadav,
learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.166 of 2026, under Sections 8/20 NDPS
Act, Police Station Jigna, District Mirzapur, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions made by
learned counsels for the parties, and taking into consideration that similarly placed co-
accused, Basant Lal Yadav @ Lolo Yadav, has already been granted bail by this Court
vide order dated 11.8.2026 in Criminal Misc. Bail Application No.27903 of 2026,
coupled with the fact that criminal history assigned to the applicant stands explained,
the Court is of the view that the applicant has made out a case for bail. The bail
application is allowed on the ground of parity.
5. Let the applicant- Pappu Yadav, be released on bail in the aforementioned case
crime 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.
6. 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
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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