Allahabad High Court
CHHOTE LAL YADAVversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, subject to bond and surety conditions.
Summary
The applicant, Chhote Lal Yadav, filed a bail application in a criminal case (Crime No. 353 of 2026) under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, alleging possession of 2.5 kg of ganja. The court examined the facts, including the quantity being below commercial threshold, the absence of independent public witnesses, the pending chemical analyst report, and the applicant's clean criminal record and time already spent in custody. Counsel for the applicant argued that these circumstances warranted bail, while the State opposed. Considering the nature of the offence, severity of punishment, and the mitigating factors, the court found the case fit for bail. Consequently, the court ordered the release of the applicant on personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and appearance before the trial court.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 8 and 20 of the NDPS Act where the alleged quantity is below commercial threshold and evidence is incomplete.
Legislation cited
Subjects
- bail
- NDPS Act
- narcotic drugs
- criminal procedure
- pre‑trial detention
- surety
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32480 of 2026
Chhote Lal Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Manju Lata Verma, Ram Sumer Chaudhary
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 14 out of 98)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ram Sumer Chaudhary, 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. By means of the present application, the applicant seeks bail in Case Crime No.
353 of 2026, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances
Act, 1985 Police Station - Bisanda, District - Banda, during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by learned
counsel for the parties, nature of offence, severity of punishment and also considering
the fact that the alleged recovery of 2.5 kg of ganja is below the commercial quantity,
there is a lack of independent public witnesses to support the recovery and the
chemical analyst report is not yet on record coupled with the applicant's clean criminal
history and his period of incarceration already undergone, this Court prima facie finds
it a fit case to release the applicant on bail.
5. Accordingly, the bail application is allowed. Let the applicant- Chhote Lal Yadav,
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
Checking your session…