Allahabad High Court
VASEEBU @ VASEEMversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed the bail application, finding that the applicant had made out a prima facie case for bail.
Summary
The applicant, Vaseebu @ Vaseem, filed a bail application in a criminal case (Crime No. 142 of 2026) under Sections 8, 21 and 29 of the NDPS Act. He claimed absolute innocence, stating that the alleged contraband was recovered from another accused who had already been granted bail. The prosecution opposed the bail, but the court noted that no narcotic substance was found in the applicant's possession and that the material on record did not contradict his claim. Considering these facts, the court held that the applicant had made out a prima facie case for bail. Consequently, the bail was granted subject to a personal bond, two sureties, and standard conditions of non‑tampering with evidence and appearance before the trial court.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial under the NDPS Act despite the charges under Sections 8, 21 and 29.
- Whether the absence of contraband in the applicant's possession and the claim of false implication justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 29, 8
Subjects
- bail
- NDPS Act
- Section 8
- Section 21
- Section 29
- prima facie case
- contraband
- sureties
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32341 of 2026
Vaseebu @ Vaseem
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shivam Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.19 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shivam Tiwari, learned counsel for the applicant, Sri Arun
Kumar Mishra, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.142 of 2026, under Sections
8/21/29 NDPS Act, Police Station Nakur, District Saharanpur, 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. The
allegations levelled against the applicant are per se false and he has nothing
to do with the said offence. The said contraband, if any, has been recovered
from the possession of another accused person, who has already been
enlarged on bail by the Co-ordinate Bench of this Court. As such, case of the
applicant is at a better footing and he is entitled to be enlarged on bail. The
criminal history of one case assigned to the applicant stands explained. He is
in jail since 10.4.2026. 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.
BAIL No. 32341 of 2026
2
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that no contraband has been recovered from the
possession of 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- Vaseebu @ Vaseem, 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 11, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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