Allahabad High Court
RAJUversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant Raju on the ground of parity with a similarly placed co‑accused.
Summary
Raju applied for bail in a NDPS case (Crime No.110 of 2026) charged under Sections 8 and 21 of the NDPS Act. The High Court considered the facts, the lack of prior criminal record, and noted that a similarly situated co‑accused, Vivek, had already been granted bail. Counsel for both sides were heard. Applying the principle of parity, the Court found that Raju had made out a case for bail. Accordingly, the Court ordered his release on personal bond and two sureties, subject to conditions not to tamper with evidence or intimidate witnesses. The order emphasized that 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 Raju in a case under Sections 8 and 21 of the NDPS Act during the pendency of trial?
Legislation cited
Subjects
- bail
- NDPS Act
- criminal procedure
- parity
- sureties
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31941 of 2026
Raju
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Anushriya Tripathi, Ashok Nath Tripathi,
Rakesh Nath Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.101 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Anushriya Tripathi, learned counsel for the applicant, Sri R.P. Patel,
learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.110 of 2026, under Sections 8/21 of NDPS
Act, Police Station Bihari Garh, District Saharanpur, 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, Vivek, has already been granted bail by this Court vide order dated 1.9.2026
in Criminal Misc. Bail Application No.29412 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- Raju, 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
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