Allahabad High Court
MAHENDRA YADAVversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court granted bail to the accused, finding prima facie grounds for release.
Summary
Mahendra Yadav was arrested in Crime No. 367 of 2026 under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for allegedly possessing 8 kg of ganja. The prosecution alleged that the contraband was recovered from his conscious possession. The applicant contended that he was falsely implicated, that the quantity was below the commercial threshold, and that his prior criminal history was explained. The State opposed bail. The Court held that antecedents cannot be a ground to deny bail when the case otherwise merits it, noted the quantity was below commercial quantity, and found prima facie grounds for bail. Accordingly, the Court granted bail subject to a personal bond, two sureties and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail can be granted in an NDPS case where the quantity of narcotic is below commercial quantity and the accused's criminal antecedents are explained
- Whether the presence of prior criminal history precludes bail under Sections 8 and 20 of the NDPS Act
Legislation cited
Subjects
- bail
- Narcotic Drugs and Psychotropic Substances Act
- Section 8
- Section 20
- commercial quantity
- criminal antecedents
- surety
- trial court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31839 of 2026
Mahendra Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arun Kumar, Sunil Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 70 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant, Sri
Pankaj Srivastava, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No. 367 of 2026, under Section 8/20
of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police
Station- Badlapur, District -Jaunpur, during the pendency of trial.
4. As per the allegations of the FIR, 8 kg of ganja is stated to have been
recovered from the conscious possession of applicant by the police.
5. 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. The contraband recovered from the
possession of the applicant is below commercial quantity.
6. Learned counsel for the applicant has stated that the criminal history of
three cases assigned to the applicant stands explained. The applicant is
languishing in jail since 23.7.2026. In case, the applicant is released on bail,
he will not misuse the liberty of bail.
7. Learned A.G.A. has vehemently opposed the bail application.
BAIL No. 31839 of 2026
2
8. 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.
9. Upon hearing learned counsel for the parties, perusal of record and
considering the complicity of accused, severity of punishment, the fact that
the contraband recovered from the possession of applicant is below
commercial quantity, 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.
10. Let the applicant- Mahendra Yadav, 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.
11. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
12. 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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