Allahabad High Court
VIKASversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted as the co‑accused's statement lacks evidentiary value and no material has been recovered from the applicant.
Summary
Vikas applied for bail in a criminal case (Crime No. 581 of 2026) under Sections 8, 21 and 29 of the NDPS Act. The court examined the material on record and noted that the applicant's name appeared only in the statement of a co‑accused, which the court held has no evidentiary value. No material was recovered from the applicant. Considering these facts, the court found that the applicant had made out a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond and two sureties, with conditions not to tamper with evidence, intimidate witnesses, and to appear as required. The court warned that breach of any condition would lead to cancellation of bail, and the order does not affect the trial on merits.
Issues considered
- Whether bail can be granted to the accused during the pendency of trial under the NDPS Act when the only incriminating material is a co‑accused's statement.
- Whether the co‑accused's statement has evidentiary value sufficient to deny bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 29, 8
Subjects
- bail
- NDPS Act
- criminal procedure
- co‑accused statement
- evidentiary value
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31643 of 2026
Vikas
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Arun Kumar, Satendra Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.12 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Satendra Singh, learned counsel for the applicant, Sri Anit Kumar
Shukla, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.581 of 2026, under Sections 8/21/29 of
N.D.P.S. Act, Police Station Baradari, District Bareilly, 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 the
fact that the name of the applicant has come up in the statement of the arrested co-
accused, which has no evidentiary value in the eyes of law and that there is no
recovery from the him, 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.
5. Let the applicant- Vikas, 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 9, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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