Allahabad High Court
TIYA SHARMAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Tiya Sharma in an NDPS case (Crime No. 297 of 2026) involving alleged violations of Sections 8, 22, 29 and 60 of the Narcotic Drugs and Psychotropic Substances Act. The applicant asserted complete innocence, stating that no contraband was recovered from him and that the alleged seized amount was falsely attributed to him. He had no prior criminal record and had been in custody since 7 July 2026. The State opposed bail, but the court found the applicant’s claim credible and noted the lack of material evidence against him. Consequently, the court granted bail subject to a personal bond, two sureties, and standard conditions regarding non‑tampering with evidence and appearance before the trial court.
Issues considered
- Whether bail should be granted in an NDPS case where no contraband has been recovered and the applicant claims innocence
- Whether the absence of any seized contraband and lack of prior criminal record justify the grant of bail under the NDPS Act
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22, 29, 60, 8
Subjects
- bail
- NDPS Act
- Section 8
- Section 22
- Section 29
- Section 60
- no contraband recovered
- presumption of innocence
- sureties
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31951 of 2026
Tiya Sharma
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anshu Singh, Hemendra Pratap Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.104 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shitesh Kumar, Advocate holding brief of Sri Hemendra Pratap
Singh, 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.297 of 2026, under Sections
8/22/29/60 NDPS Act, Police Station Roravar, District Aligarh, 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.
There is no recovery of any contraband from the applicant. He is stated to be
the purported purchaser of the said contraband, but there is no evidence to
substantiate the said allegation. An amount of Rs.65,000/- belonging to the
applicant has falsely been shown as the case property. The applicant has no
criminal history and is in jail since 7.7.2026. He undertakes to cooperate
with the trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
BAIL No. 31951 of 2026
2
consideration the fact that there is no recovery of any contraband from the
applicant, and 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. The bail application is allowed.
7. Let the applicant- Tiya Sharma, 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.
8. 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…