Allahabad High Court
SADIK @ LALLUversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed bail, finding that the confessional statement of the co‑accused has no evidentiary value for the bail application.
Summary
The applicant, Sadik @ Lallu, sought bail in a narcotics case (Crime No. 320 of 2026) charged under Sections 8, 21 and 29 of the NDPS Act. The prosecution pointed to the applicant’s name appearing in a co‑accused’s confessional statement recorded under Section 67 of the NDPS Act. The court held that such a statement has no evidentiary value for bail purposes, relying on the precedent set in Tofan Singh v. State of Tamil Nadu (2021). After considering the facts, the material on record and the submissions of counsel, the court found a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The court warned that breach of conditions would lead to cancellation of bail, without affecting the trial on merits.
Issues considered
- Whether the applicant is entitled to bail under Sections 8, 21 and 29 of the NDPS Act despite being mentioned in a co‑accused’s confessional statement.
- Whether a confessional statement recorded under Section 67 of the NDPS Act can be used as substantive evidence for bail determination.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — 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. - 33547 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. 44 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ali Hasan, learned counsel for the applicant, Sri R.P. Singh,
learned State Law Officer and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 320 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. 33547 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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