Allahabad High Court
VIRENDRA KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the applicant on the ground of parity and lack of criminal antecedents.
Summary
The applicant, Virendra Kumar, sought bail in a criminal case (Crime No. 0551 of 2026) under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, pending trial. The learned counsel highlighted that a co‑accused, Dashrath, had already been released on bail by a coordinate bench of the same court, and that the applicant had no prior criminal record. The court examined the material on record, the submissions of counsel, and the principle of parity with the co‑accused. Finding that the applicant had made out a prima facie case for bail and that no merit of the case needed to be decided at this stage, the court granted bail on the condition of a personal bond, two sureties, and compliance with standard bail conditions. The order emphasized that any breach would lead to cancellation of bail and that the trial on merits would continue unaffected.
Issues considered
- Whether bail should be granted to an accused under Sections 8 and 20 of the NDPS Act during the pendency of trial, considering parity with a co‑accused who is already on bail and the absence of prior criminal antecedents.
Legislation cited
Subjects
- bail
- NDPS Act
- Section 8
- Section 20
- parity
- co‑accused
- criminal antecedents
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31552 of 2026
Virendra Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rameshwar Prasad Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 38 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rameshwar Prasad Mishra, 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. 0551 of 2026, under Section 8/20
NDPS Act, Police Station Indrapuram, District Ghaziabad, during the
pendency of trial.
4. Considering the facts and circumstances of the case, the submissions
made by learned counsel for the parties, the evidence on record, taking into
consideration that similarly placed co-accused person Dashrath has already
been enlarged on bail by Co-ordinate Bench of this Court vide order dated
31.8.2026 passed in Criminal Misc. Bail Application No. 30187 of 2026;
there being no criminal antecedents to the credit of applicant and 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- Virendra Kumar, be released on bail 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
BAIL No. 31552 of 2026
2
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
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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