Allahabad High Court
SADIK @ LALLUversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail as the co‑accused's confessional statement has no evidentiary value and no merit has been established against him.
Summary
The applicant, Sadik @ Lallu, sought bail in a case registered as Crime No. 8 of 2026 under Sections 8, 21 and 29 of the NDPS Act. The State opposed bail, relying on a confessional statement of a co‑accused recorded under Section 67 of the NDPS Act. The court examined the evidentiary value of such a statement, noting the precedent of Tofan Singh v. State of Tamil Nadu (2021) which holds that a co‑accused's confession has no evidentiary effect against another accused. Finding no merit to the State's claim and that the applicant had made out a prima facie case for bail, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that breach of conditions would lead to cancellation of bail and did not affect the trial on merits.
Issues considered
- Whether a confessional statement of a co‑accused recorded under Section 67 of the NDPS Act can be used as evidence against the applicant.
- Whether the applicant is entitled to bail under Sections 8, 21 and 29 of the NDPS Act during the pendency of trial.
- Whether the conditions imposed on bail are appropriate and sufficient.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 29, 67, 8
Subjects
- bail
- NDPS Act
- confessional statement
- evidentiary value
- sureties
- witness intimidation
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33542 of 2026
Sadik @ Lallu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ali Hasan, Istiyaq Ali
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 43 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ali Hasan, learned counsel for the applicant, Sri V.K.S.
Parmar, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 8 of 2026, under Sections 8/21/29
NDPS Act, Police Station Nakur, District Saharanpur, during the pendency
of trial.
4. 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 name of applicant has come up in the confessional
statement of co-accused person, which has no evidentiary value in the eyes
of law and the said statement recorded u/s 67 of NDPS Act being hit by
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.
5. Let the applicant- Sadik @ Lallu, 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
BAIL No. 33542 of 2026
2
with evidence or intimidate witnesses and shall appear before the trial court
as required.
6. 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
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