Allahabad High Court
CHANDRAMANI @ DABLU PANDEYversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted as the applicant made out a case for bail and the co‑accused statements were inadmissible.
Summary
The applicant, Chandramani @ Dablu Pandey, sought bail in a NDPS case (Crime No. 79 of 2026) under Sections 8 and 29 of the NDPS Act. The court considered the applicant's criminal history, the absence of any contraband recovered from him, and the fact that the only incriminating evidence was the confessional statements of five co‑accused, which the court held to be inadmissible following the precedent of Tofan Singh v. State of Tamil Nadu (2021). The court observed that an accused cannot be detained solely on the basis of past criminal antecedents when the bail criteria are otherwise satisfied. Consequently, the court found that the applicant had made out a case for bail. The bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses, with cancellation provisions for breach.
Issues considered
- Whether bail should be granted to the accused under Sections 8 and 29 of the NDPS Act despite his criminal antecedents.
- Whether the confessional statements of co‑accused persons can be relied upon as evidence for denying bail.
Legislation cited
Subjects
- bail
- NDPS Act
- criminal antecedents
- evidentiary value of co‑accused statements
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33510 of 2026
Chandramani @ Dablu Pandey
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ratan Kumar Mishra, Shiv Prakash
Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 36 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Learned counsel for the applicant prays for and is permitted to make
necessary corrections in the memo as well as in the prayer clause of the
bail application.
3. Heard Sri Ratan Kumar Mishra, learned counsel for the applicant, Sri
A.K. Mishra, learned A.G.A. for the State and perused the material placed
on record.
4. Applicant seeks bail in Case Crime No. 79 of 2026, under Sections 8/29
N.D.P.S. Act, Police Station Padari, District Mirzapur, during the pendency
of trial.
5. The criminal history assigned to the applicant has been explained.
6. This Court is of the view that if a case for bail is otherwise made out,
an accused cannot be kept incarcerated solely on account of his criminal
antecedents. In the instant case, the criminal history assigned to the
applicant has been properly explained.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that there is no recovery of any contraband from the
BAIL No. 33510 of 2026
2
possession of applicant and that his name has come up in the confessional
statement of the arrested five co-accused persons, who have stated that they
were going to hand over the said contraband to the applicant; that the said
statement of co-accused persons has no evidentiary value being hit by the
judgement passed in the case of Tofan Singh versus State of Tamil Nadu,
2021(4) SCC 1 and without expressing any opinion on the merits of the
case, prima facie, the Court is of the view that the applicant has made out a
case for bail. Accordingly, the bail application is allowed.
8. Let the applicant- Chandramani @ Dablu Pandey, who is involved in
aforementioned case crime be released on bail on his furnishing a personal
bond and two sureties each in the like amount to the satisfaction of the court
concerned subject to verification of sureties, with the condition that he shall
not tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
9. Breach of any of the above condition shall entail cancellation of bail. The
observation herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 21, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
Checking your session…