Allahabad High Court
ISTAKAR @ NIKLIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and granted it.
Summary
The applicant, Istakar @ Nakli, sought bail in a NDPS case (Crime No.153 of 2026) charged under Sections 8, 21 and 29 of the NDPS Act. The court considered his criminal history, which was explained, and noted that bail cannot be denied solely on antecedents. It observed that a co‑accused, Rashid, had already been released on bail in a related matter, establishing parity. Without delving into the merits, the court found the applicant had made out a prima facie case for bail. Accordingly, bail was granted on personal bond and two sureties, with standard conditions of non‑tampering and appearance.
Issues considered
- Whether the applicant is entitled to bail under the NDPS Act despite his criminal antecedents
- Whether parity with a co‑accused already released on bail warrants granting bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 29, 8
Subjects
- bail
- NDPS Act
- criminal antecedents
- parity
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31561 of 2026
Istakar @ Nakli
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ankit Srivastava, Ch. Dil Nisar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No.41 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Ch. Dil Nisar, learned counsel for the applicant, Sri R.P. Singh,
learned State Law Officer and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.153 of 2026, under Sections
8/21/29 N.D.P.S. Act, Police Station Nakur, District Saharanpur, during the
pendency of trial.
4. The criminal history of five cases assigned to the applicant has been
explained.
5. This Court is of the view that if a case for bail is otherwise made out,
an accused cannot be kept incarcerated solely on account of his criminal
antecedents. In the instant case, the criminal history assigned to the
applicant has been properly explained.
6. Considering the facts and circumstances of the case, the submissions
made by learned counsel for the parties, the evidence on record, taking into
consideration the fact that case of applicant is at a better footing to that of
co-accused person Rashid, who has already been enlarged on bail by this
Court vide order dated 2.7.2026 passed in Criminal Misc. Bail Application
No.12272 of 2026, 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
BAIL No. 31561 of 2026
2
case for bail. Accordingly, the bail application is allowed on the ground of
parity.
7. Let the applicant- Istakar @ Nakli, 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
trial court as required.
8. 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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