Allahabad High Court
AKBAR ALI ALIAS CHINGARIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant on the ground of parity and the prima facie merits of the application.
Summary
The applicant, Akbar Ali alias Chingari, sought bail in a narcotics case (Crime No. 106 of 2026) under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The court noted that the quantity of contraband recovered from him was below the commercial threshold and that a co‑accused, Umesh Chandra Rajput, had already been granted bail on similar grounds. The applicant had no prior criminal record, and the court found that, on a prima facie basis, he satisfied the requirements for bail. Relying on the principle of parity with the co‑accused, the court allowed the bail application. The bail was conditioned on a personal bond, two sureties, and undertakings not to tamper with evidence, intimidate witnesses, and to appear before the trial court as required.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act when the seized quantity is below commercial quantity
- Whether the principle of parity with a co‑accused already on bail warrants granting bail
- Whether the absence of a criminal history influences the bail decision
Legislation cited
Subjects
- bail
- NDPS Act
- contraband
- commercial quantity
- parity
- sureties
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31886 of 2026
Akbar Ali Alias Chingari
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Kumar Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 84 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri S.C. Pandey, learned Advocate holding brief for Sri Rakesh
Kumar Dubey, 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.106 of 2026, under Section 8/20 of
The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station-
Rawatpur, District -Kanpur Nagar, during the pendency of trial.
4. After hearing learned counsel for the parties and taking into consideration
the fact that the contraband recovered from the applicant is below
commercial quantity, as such, his case being at a better footing to that of co-
accused person, Umesh Chandra Rajput, who has already been enlarged on
bail by this Court vide order dated 9.7.2026 passed in Criminal Misc. Bail
Application No. 23192 of 2026 and that there is no criminal history assigned
to the applicant, 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- Akbar Ali Alias Chingari, be released on bail in the
aforementioned case crime 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 conditions that he shall not
BAIL No. 31886 of 2026
2
tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
6. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
(Krishan Pahal,J.)
September 9, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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