Allahabad High Court
SALEEMversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the applicant on the ground of parity with a similarly placed co‑accused.
Summary
The applicant, Saleem, filed a bail application in a criminal case (Crime No. 597 of 2026) under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, pending trial at the Bareilly police station. The court noted that a co‑accused, Shakir, had previously been released on bail in a similar case, establishing parity. Although the applicant has a prior criminal case, the court, without delving into the merits, found that the bail criteria were satisfied. Consequently, the court ordered bail on the condition of a personal bond, two sureties, and compliance with standard conditions such as not tampering with evidence or intimidating witnesses. The bail may be cancelled if any condition is breached.
Issues considered
- Whether the applicant is entitled to bail under Sections 8 and 21 of the NDPS Act during the pendency of trial
- Whether the principle of parity with a similarly situated co‑accused warrants granting bail
Legislation cited
Subjects
- bail
- NDPS Act
- parity
- sureties
- trial pending
- evidence tampering
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33536 of 2026
Saleem
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Alankrita Dubey, Rakesh Pati Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No.40 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Alankrita Dubey, learned counsel for the applicant, Sri A.K.
Mishra, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.597 of 2026, under Section 8/21 of
The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station-
Faridpur, District -Bareilly, during the pendency of trial.
4. After hearing learned counsel for the parties and taking into consideration
the fact that similarly placed co-accused person, Shakir has already been
enlarged on bail by this Court vide order dated 9.9.2026 passed in Criminal
Misc. Bail Application No. 31680 of 2026 and that there is a criminal history
of one case assigned to the applicant, which stands explained, 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 on the ground of parity.
5. Let the applicant- Saleem, be released on bail in the aforementioned case
crime 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 conditions that he shall not tamper with evidence or
intimidate witnesses and shall appear before the trial court as required.
BAIL No. 33536 of 2026
2
6. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
(Krishan Pahal,J.)
September 21, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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