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Allahabad High Court

DANISHversusSTATE OF U.P.

Decided

Holding

Bail was granted to the applicant on the ground of parity and lack of criminal history.

Summary

The applicant, Danish, was charged under Sections 8, 21, 29 and 60 of the NDPS Act in a case registered at Jhinjhana police station, Shamli. He applied for bail during the pendency of trial. The court noted that a co‑accused, Nakim, had already been released on bail in a similar case and that Danish had no prior criminal record. Considering these facts, the court found that the applicant had made out a case for bail on the ground of parity. Accordingly, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court. 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 an accused charged under Sections 8, 21, 29 and 60 of the NDPS Act during trial
  • Whether the grant of bail to a co‑accused in a similar case creates a parity ground for bail to the applicant
  • Whether the applicant’s clean criminal record justifies bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • parity
  • co‑accused
  • criminal history
  • conditions of bail

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. BAIL APPLICATION No. - 32468 of 2026

                                    Danish
                                                                                                            .....Applicant(s)
                                                                            Versus
                                    State of U.P.
                                                                                                       .....Opposite Party(s)

                                    Counsel for Applicant(s)                            :    Manoj Kumar Mishra
                                    Counsel for Opposite Party(s)                       :    G.A.

                                    Court No. - 68
                                    (Sl. No. 10 out of 98)

                                                                HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised.

                                    2. Heard Sri Manoj Kumar Mishra, learned counsel for the applicant and Sri Anit
                                    Kumar Shukla, learned A.G.A. for the State and also perused the material placed on
                                    record.

                                    3. Applicant seeks bail in Case Crime No. 47 of 2026, under Sections 8/21/29/60 of
                                    NDPS Act, Police Station - Jhinjhana, District - Shamli, during the pendency of trial.

                                    4. Considering the facts and circumstances of the case, the submissions made by
                                    learned counsel for the parties, the evidence on record, taking into consideration
                                    that similarly placed co-accused person, Nakim, has already been enlarged on bail by
                                    this Court vide order dated 5.8.2026 passed in Criminal Misc. Bail Application No.
                                    9781 of 2026 coupled with the fact that the applicant has no criminal history, this
                                    Court prima facie is of the view that the applicant has made out a case for bail.

                                    5. Accordingly, the bail application is allowed on the ground of parity. Let the
                                    applicant- Danish, 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.

                                    6. 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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