Allahabad High Court
BADALversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the applicant on the condition of a personal bond and two sureties, subject to standard conditions.
Summary
Badal applied for bail in a case (Crime No. 523 of 2026) involving offences under Sections 8 and 21 of the NDPS Act, Section 109(1) of the BNS, and Sections 3, 4 and 25 of the Arms Act. The court examined the facts, the evidence, and the submissions of counsel, noting that a co‑accused, Gaurav, had already been granted bail in a similar case. Considering the applicant’s explained criminal history and the principle of parity with the co‑accused, the court found that Badal had made out a case for bail. Accordingly, bail was granted on the condition of furnishing a personal bond and two sureties, with standard conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court. The court warned that breach of any condition would lead to cancellation of bail, and the order does not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused in offences under the NDPS Act, BNS and Arms Act during the pendency of trial, considering the bail granted to a co‑accused and the applicant’s criminal history.
Legislation cited
- Arms Act — s. 25, 3, 4
- BNS — s. 109
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 8
Subjects
- bail
- NDPS Act
- Arms Act
- parity principle
- co‑accused
- criminal history
- personal bond
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32698 of 2026
Badal
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Mohd. Kalim, Mohd. Khalid
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 87 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Faizan Ahmad, Advocate holding brief of Mohd. Khalid, learned counsel
for the applicant and Sri R.P. Patel, learned State Law Officer and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 523 of 2026, under Sections 8/21 of NDPS
Act, 109(1) of BNS and 3/4/25 of Arms Act, Police Station - Deoband, District -
Saharanpur, 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, Gaurav, has already been enlarged on bail by
this Court vide order dated 1.9.2026 passed in Criminal Misc. Bail Application No.
29401 of 2026 coupled with the fact that criminal history assigned to the applicant
stands explained, 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- Badal, 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 23, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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