Allahabad High Court
MANOJ KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis, the applicant is entitled to bail as the alleged contraband was not recovered from his possession and there is insufficient evidence of his involvement.
Summary
Manoj Kumar applied for bail in a narcotics case (Crime No. 372 of 2026) under Sections 8, 20 and 60 of the NDPS Act, alleging that the seized 6.781 kg of charas was not in his possession and that he was falsely implicated. The applicant's counsel argued his innocence, lack of criminal history, and that the contraband was carried by co‑accused, making the allegations vague. The State opposed the bail, emphasizing the seriousness of the offence. The court, after reviewing the record, found that no recovery was made from the applicant and, on a prima facie basis, deemed the case fit for bail without commenting on the merits. Accordingly, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail can be granted to an accused under Sections 8, 20 and 60 of the NDPS Act when the alleged narcotics were not recovered from his possession
- Whether the seriousness of the alleged offence and the presence of co‑accused preclude the grant of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 60, 8
Subjects
- NDPS Act
- bail
- narcotics
- criminal procedure
- Section 8
- Section 20
- Section 60
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31425 of 2026
Manoj Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Prabhansh Pathak, Sudhir Kumar
Pathak
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.8 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Prabhansh Pathak, learned counsel for the applicant, Sri Deepak
Kumar Singh, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.372 of 2026, under Section
8/20/60 of The Narcotic Drugs And Psychotropic Substances Act, 1985,
Police Station- Rasoolpur, District- Firozabad, 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 with
a view to cause unnecessary harassment and to victimize him. In all, four
persons were arrested at the spot carrying 6.781 Kg. of Charas by the police
and the applicant is stated to be the person to whom the said contraband was
to be supplied. The allegations levelled against the applicant are per se false
and he has nothing to do with the said offence.
5. Learned counsel for the applicant has further submitted that the alleged
contraband was neither in the conscious possession of the applicant nor was
it recovered from his possession. It is contended that the said bag was being
carried by the co-accused persons and, therefore, no recovery can be
attributed to the present applicant. The allegations against the applicant are
vague, and as such, the applicant is entitled to be released on bail. There is
BAIL No. 31425 of 2026
2
no criminal history of the applicant. The applicant is languishing in jail since
14.7.2026. The applicant is ready to cooperate with trial. 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.
7. Upon hearing learned counsel for the parties, perusal of record and
considering the complicity of accused, severity of punishment as well as
totality of facts and circumstances coupled with the fact that no recovery has
been made from the possession of the applicant, 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- Manoj Kumar, 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.
9. 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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