Allahabad High Court
JAGPALversusSTATE 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 Jagpal applied for bail in a NDPS case (Crime No. 415 of 2026) under Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The High Court noted that a co‑accused, Saran, had already been released on bail in a similar case, and that Jagpal had no prior criminal record. Relying on the principle of parity and without delving into the merits of the underlying offence, the Court found that the applicant had made out a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and conditions against tampering with evidence or intimidating witnesses. The order also warned that breach of any condition would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused under Sections 8 and 15 of the NDPS Act during the pendency of trial, considering the absence of prior criminal history and the grant of bail to a similarly situated co‑accused.
Legislation cited
Subjects
- bail
- NDPS Act
- parity
- criminal history
- sureties
- witness tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33559 of 2026
Jagpal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhay Pratap Singh, Manish Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 48 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Manish Kumar, 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. 415 of 2026, under Section 8/15
of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police
Station- Anwla, 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, Saran, has already been
enlarged on bail by this Court vide order dated 10.9.2026 passed in Criminal
Misc. Bail Application No. 32160 of 2026 and that there is no criminal
history assigned to the applicant, 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- Jagpal, 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. 33559 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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