Allahabad High Court
SHAHRUKHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on the basis of parity with the co‑accused and the applicant’s circumstances, bail may be granted under the NDPS Act, subject to prescribed conditions.
Summary
The applicant, Shahrukh, sought bail in a NDNDPS case (Criminal No. 65 of 2026) charged under Sections 8, 21 and 29 of the NDPS Act. The court examined the facts, the applicant’s criminal history, and noted that a co‑accused, Pravej, had already been released on bail in a related application. Considering the principle of parity and the applicant’s circumstances, the court found that bail was warranted. Accordingly, bail was granted on the condition of a personal bond, two sureties, and compliance with conditions not to tamper with evidence or intimidate witnesses. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under Sections 8, 21 and 29 of the NDPS Act during the pendency of trial
- Whether the principle of parity with a co‑accused who was previously released on bail justifies granting bail
- Whether the applicant’s prior criminal history precludes the grant of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 29, 8
Subjects
- bail
- NDPS Act
- Section 8
- Section 21
- Section 29
- parity
- sureties
- witness intimidation
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32718 of 2026
Shahrukh
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ankit Srivastava, Ch. Dil Nisar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 89 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ch. Dil Nisar, 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. 65 of 2026, under Sections 8/21/29 of
NDPS Act, Police Station - Titron, 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
the case of the applicant is at a better footing to the case of co-accused, Pravej, who
has already been enlarged on bail by this Court vide order dated 23.07.2026 passed in
Criminal Misc. Bail Application No. 20612 of 2026 coupled with the fact that criminal
history of four cases 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- Shahrukh, 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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