Allahabad High Court
SUHAILversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis and in the absence of a chemical analyst's report, the applicant is entitled to bail.
Summary
The applicant, Suhail, filed a bail application in a NDPS case (Crime No.190 of 2026) alleging that 1050 grams of charas was falsely recovered and that no chemical analyst report exists to confirm the substance. He contended that the allegations are fabricated to harass him and that he has been in custody since July 27, 2026. The State opposed the bail, emphasizing the seriousness of the alleged offence under Sections 8 and 20 of the NDPS Act. The court examined the record, noted the absence of forensic confirmation and the possibility of inflated quantity, and considered the principle of bail as a right unless the prosecution establishes a strong case. Without delving into the merits, the judge held that the case was prima facie fit for bail. Consequently, Suhail was released on bail subject to a personal bond, two sureties, and standard conditions.
Issues considered
- Whether bail should be granted in a NDPS case where the alleged contraband has not been chemically verified.
- Whether the absence of a forensic report and alleged inflation of quantity justify granting bail despite the seriousness of the offence.
Legislation cited
Subjects
- bail
- NDPS Act
- charas
- chemical analysis
- prima facie
- presumption of innocence
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31429 of 2026
Suhail
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mukesh Joshi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.9 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mukesh Joshi, learned counsel for the applicant, Sri Rajendra
Prasad Singh, learned State Law Officer for the State and perused the
material placed on record.
3. Applicant seeks bail in Case Crime No.190 of 2026, under Section 8 & 20
of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police
Station- Kundarki, District- Moradabad, 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. A false
recovery of 1050 gram of Charas has been foisted on the applicant. The
allegations are per se false and the quantity of the recovered contraband has
deliberately been inflated by the police just to make it fall within the
commercial category.
5. Learned counsel for the applicant has further argued that there is no
chemical analyst's report to corroborate that the recovered contraband is
Charas. The criminal history of eight cases assigned to the applicant has
been explained. The applicant is languishing in jail since 27.7.2026. The
applicant is ready to cooperate with trial. In case, the applicant is released on
bail, he will not misuse the liberty of bail.
BAIL No. 31429 of 2026
2
6. Learned State Law Officer 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 there is no
chemical analyst's report to corroborate that the recovered contraband is
Charas, 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- Suhail, 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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