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Allahabad High Court

SALLU URF SALMANversusSTATE OF U.P.

Decided

Holding

The court granted bail to the applicant, finding the case prima facie fit for release on bail.

Summary

The applicant, Sallu Urf Salman, sought bail in a narcotics case (Crime No. 313 of 2026) under Sections 8, 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He claimed innocence, alleging false implication by the police and pointed out that the co-accused supplier had already been released on bail. The State opposed the bail, but the court noted that an accused cannot be detained solely on the basis of past criminal history, which the applicant had satisfactorily explained. Considering the absence of any recovery of contraband from the applicant and the seriousness of the alleged offence, the court found the case prima facie fit for bail. Accordingly, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, or fail to appear before the trial court.

Issues considered

  • Whether bail should be granted to an accused under the NDPS Act when no contraband has been recovered from him
  • Whether the applicant's criminal antecedents preclude bail
  • Whether the bail of a co-accused (the alleged supplier) influences the bail of the applicant

Legislation cited

Subjects

  • bail
  • NDPS Act
  • criminal antecedents
  • surety
  • evidence tampering
  • trial procedure

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 31758 of 2026

Sallu Urf Salman
                                                                .....Applicant(s)
                                     Versus

State of U.P.
                                                                    .....Opposite
                                                                          Party(s)

Counsel for Applicant(s)                           :    Masoom Alam
Counsel for Opposite Party(s)                      :    G.A.

Court No. - 68
(Sl. No. 51 out of 318)

                          HON'BLE KRISHAN PAHAL, J.

1. List has been revised. Supplementary affidavit filed by learned counsel for
the applicant is taken on record.

2. Heard Sri Masoom Alam, learned counsel for the applicant, Sri A.K.
Mishra, learned A.G.A. for the State and perused the material placed on
record.

3. Applicant seeks bail in Case Crime No. 313 of 2026, under Section
8/21/29 of The Narcotic Drugs And Psychotropic Substances Act, 1985,
Police Station-Kairana, District -Shamli, 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 by
the police to show good work. There is no recovery from the applicant. The
co-accused person, who is stated to be the supplier of the contraband, has
already been enlarged on bail, as such, applicant is also entitled for bail.

5. Learned counsel for the applicant has stated that the criminal history
assigned to the applicant stands explained.The applicant is languishing in jail
since 21.7.2026. 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. This Court is of the view that if a case for bail is otherwise made out,
                                                                                               BAIL No. 31758 of 2026
                                                                       2


                                    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.

                                    8. Upon hearing learned counsel for the parties, perusal of record and
                                    considering the complicity of accused, severity of punishment, there being
                                    no recovery of contraband from the applicant, at this stage without
                                    commenting on the merits of the case, prima facie, I find it a fit case for bail.
                                    The bail application is allowed.

                                    9. Let the applicant- Sallu Urf Salman, who is involved in aforementioned
                                    case crime be released on bail on his furnishing a personal bond and two
                                    sureties each in the like amount to the satisfaction of the court concerned
                                    subject to verification of sureties, with the condition that he shall not tamper
                                    with evidence or intimidate witnesses and shall appear before the trial court
                                    as required.

                                    10. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.

                                    11. It is made clear that observations made in granting bail to the applicant
                                    shall not in any way affect the learned trial Judge in forming his independent
                                    opinion based on the testimony of the witnesses.



                                                                                                (Krishan Pahal,J.)
                                    September 9, 2026
                                    Shalini




Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad


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