Allahabad High Court
SHIVAM AGARWALversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail for the charge under Section 27A of the NDPS Act.
Summary
Shivam Agarwal applied for bail in a criminal case where a charge under Section 27A of the NDPS Act was added after he had already been granted bail for other charges. He had been in jail since 3 April 2026 and argued that the material before the court was the same, warranting bail for the new charge as well. The State opposed the bail but did not dispute the facts. The court, considering the nature of the offence, jail overcrowding, and Supreme Court guidelines from Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P., and other precedents, held that the applicant was entitled to bail. Accordingly, the bail application was allowed with a personal bond, two sureties, and specific conditions, and directions were issued for his release.
Issues considered
- Whether bail can be granted for the added charge under Section 27A of the NDPS Act when bail has already been granted for other charges in the same case.
- Whether the applicant’s continued detention is justified in view of jail overcrowding and the nature of the offence.
- Whether the Supreme Court’s guidelines on bail issuance apply to this case.
Legislation cited
Subjects
- bail
- NDPS Act
- Section 27A
- jail overcrowding
- Supreme Court guidelines
- criminal procedure
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34002 of 2026
Shivam Agarwal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mujeeb Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Mujeeb Khan, learned counsel for the applicant, Sri
Sanjeev Kumar, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release
the applicant on bail in Case Crime No.-87 of 2025, under Section
27A of N.D.P.S. ACT, Police Station-Collectorganj, District-Kanpur
Nagar, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that applicant
has already been released on bail in the present case crime number
in Criminal Misc. Bail Application No.31670 of 2026 vide order dated
17.09.2026 However, during pendency of this bail application, police
added Section 27A of NDPS Act by filing a chargesheet, though,
material in the case diary is same. It is further submitted that at the
time of considering the bail application No.31670 of 2026, the same
material was available before the court and the court after
considering the entire material, granted bail to the applicant.
Therefore, applicant is also entitled to be released on bail in the
added section i.e. 27A of NDPS Act. The applicant is languishing in
jail since 03.04.2026. In case, he is granted bail, he will not misuse
the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for
bail but could not dispute the aforesaid facts.
BAIL No. 34002 of 2026
2
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view
the nature of offence, evidence, complicity of the accused and taking
into account overcrowded jails and heavy pendency of criminal cases
before the trial courts as well as considering the mandate of the
judgement of the Apex Court in the case of Kapil Wadhawan vs
Central Bureau of Investigation reported in 2025 SCC OnLine SC
3038 as well as guideline of this Court in the case of Maya Tiwari Vs.
State of U.P. reported in 2024 SCC Online All 6765 regarding grant
of bail and without expressing any opinion on the merits of the case, I
am of the opinion that the applicant is entitled to be enlarged on
bail. Accordingly, the present application is allowed.
6. Let the applicant- Shivam Agarwal, involved in the
aforementioned 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, with the following conditions:-
i. The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case
so as to dissuade him from disclosing such facts to the Court or to
any police officer or tamper with the evidence.
ii. The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.
7. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number and Aadhaar card of the applicant as
BAIL No. 34002 of 2026
3
well as sureties should be verified by the court concerned.
10. It is made clear that the applicant shall be released on the basis
of computer generated copy of this order, downloaded from the
official website of High Court Allahabad and verified by the concerned
counsel with the undertaking that the certified copy will be filed within
15 days.
11. It is further directed that the trial court shall send the release order
to the concerned jail through Bail Order Management System
(BOMS) to ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant
through concerned Jail Superintendent via e-mail or on e-prison
portal and Trial Court via e-mode within 24 hours in compliance of the
order of the Apex Court in the case of Policy Strategy for Grant of
Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on
31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @
Peela Pahan and others Vs. State of Jharkhand and another, in
Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026.
(Arun Kumar Singh Deshwal,J.)
September 23, 2026
S.C.
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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