Allahabad High Court
VIJAY KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the applicant on the ground of parity with a similarly placed co‑accused.
Summary
Vijay Kumar applied for bail in a criminal case (Crime No. 372 of 2026) under Sections 8, 20 and 60 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The High Court considered the facts, the submissions of counsel, and noted that a co‑accused, Manoj Kumar, had already been granted bail in a similar case. The court observed that the applicant had no prior criminal record and that granting bail would maintain parity among co‑accused. Consequently, the court allowed the bail application, directing the applicant to furnish a personal bond and two sureties, with conditions not to tamper with evidence or intimidate witnesses. The order emphasized that any breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under Sections 8, 20 and 60 of the NDPS Act during the pendency of trial
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 60, 8
Subjects
- bail
- NDPS Act
- criminal procedure
- parity
- sureties
- non‑bailable offence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31939 of 2026
Vijay Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Shashi Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.99 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shashi Kumar Tiwari, learned counsel for the applicant, Sri Deepak
Kumar Singh, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.372 of 2026, under Sections 8/20/60 NDPS
Act, Police Station Rasoolpur, District Firozabad, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions made by
learned counsels for the parties, and taking into consideration that similarly placed co-
accused, Manoj Kumar, has already been granted bail by this Court vide order dated
8.9.2026 in Criminal Misc. Bail Application No.31425 of 2026, coupled with the fact
that applicant has no criminal history, the Court is of the view that the applicant has
made out a case for bail. The bail application is allowed on the ground of parity.
5. Let the applicant- Vijay Kumar, 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
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
Checking your session…