Allahabad High Court
NARENDRA KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail must be granted as the prosecution's case lacks independent corroborative evidence and the co‑accused's confession is inadmissible.
Summary
The applicant, Narendra Kumar, sought bail in a criminal case under Sections 8, 18 and 29 of the NDPS Act, alleging that he was falsely implicated as the intended recipient of contraband. The sole evidence against him was the confessional statement of co‑accused persons, which the counsel argued is inadmissible and lacks independent corroboration. The co‑accused had already been released on bail, and the applicant had been in judicial custody since 19‑08‑2026. The court examined the nature of the accusation, the severity of the prescribed punishment, and the absence of corroborative evidence, and found that the applicant was entitled to bail. Accordingly, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act in the absence of independent corroborative evidence
- Whether the confessional statement of co‑accused persons can be relied upon to justify denial of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 18, 29, 8
Subjects
- bail
- NDPS Act
- false implication
- confessional statement
- co‑accused
- judicial custody
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32449 of 2026
Narendra Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vipin Gangwar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 04 out of 98)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Vipin Gangwar, learned counsel for the applicant and Sri Ram
Mohit Yadav, learned A.G.A. for the State and also perused the material
placed on record.
3. Applicant seeks bail in Case Crime No. 185 of 2026, under Sections
8/18/29 of NDPS Act, Police Station - Deorania, District - Bareilly, during
the pendency of trial.
4. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the present case. It is submitted that the sole accusation
against the applicant is that he was the intended recipient to whom the co-
accused persons were purportedly going to supply the alleged contraband.
There is no independent, corroborative, or incriminating material linking the
applicant to the crime except the confessional statement of the co-accused,
which holds no evidentiary value in the eyes of law. It is further submitted
that the principal co-accused persons, from whose possession the recovery
was allegedly made, have already been enlarged on bail. The criminal
history of three cases attributed to the applicant stands duly explained.
Furthermore, the applicant has been languishing in judicial custody since
19.08.2026.
5. Considering the facts and circumstances of the case, the submissions
advanced by the learned counsel for the respective parties, the nature of the
accusation, the severity of the punishment prescribed, and also taking into
BAIL No. 32449 of 2026
2
account the lack of independent corroborative evidence, and the legal
inadmissibility of the co-accused's confession, this Court prima facie finds it
a fit case to release the applicant on bail.
6. Accordingly, the bail application is allowed. Let the applicant- Narendra
Kumar , be released on bail 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.
7. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
September 14, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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