Allahabad High Court
GULAM JILANIversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The bail application is allowed and the accused is to be released on bail.
Summary
Gulam Jilani, accused in NDPS case No. 37 of 2018, had previously been granted bail on 19‑04‑2018 but was unable to appear for trial because he was incarcerated in Gwalior jail for another case from 22‑09‑2021 to 22‑02‑2023. After his release he surrendered on 21‑08‑2026 and his earlier bail application was rejected. He filed a fresh bail application seeking enlargement of bail, arguing that his non‑appearance was not a default but due to the earlier imprisonment. The State opposed the bail, invoking the stringent provisions of the NDPS Act. The Court, noting the period of incarceration already served and relying on Supreme Court precedents that stress speedy adjudication and liberal bail policy, allowed the bail application. The Court ordered his release on personal bond with two sureties as per the guidelines laid down in recent Supreme Court judgments.
Issues considered
- Whether the accused is entitled to bail despite prior non‑appearance caused by incarceration in another case
- Whether the rigour of Section 37 of the NDPS Act precludes granting bail in the present circumstances
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 22, 37
Subjects
- NDPS Act
- bail
- criminal procedure
- non‑appearance
- incarceration
- Supreme Court precedent
- personal bond
- surety
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35061 of 2026
Gulam Jilani
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Prakash Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Ram Prakash Singh, learned counsel for accused applicant
and learned A.G.A. for State.
2. The present bail application has been moved by the applicant/ accused-
Gulam Jilani to enlarge him on bail in Case Crime No. 37 of 2018,
under Sections 21/22 NDPS Act, P.S.- GRP, District- Kanpur Nagar,
during the pendency of trial.
3. It is the contended by learned counsel that the FIR is of the year 2018,
wherein the accused/applicant was already granted bail in order dated
19.04.2018 and thereafter he has appeared in the trial, but on 22.09.2021
the accused/applicant was in Gwalior Jail in another case, as such he
could not appear before the trial court, which led to the issuance of
processes. The applicant remained in Gwalior Jail till 22.02.2023. The
accused/applicant has criminal history of six cases, wherein in all the
cases, he is on bail. The applicant when came to know about the process
has surrendered before the court on 21.08.2026 and his bail application
was rejected. As such he has moved the present bail application. The non
appearance of the applicant was not attributed to any default but due to
his incarceration in Gwalior jail. The trial is still at nascent stage. He
seeks enlargement of accused on bail.
4. Learned A.G.A. for State opposed the bail application.
5. This Court has taken into consideration the rival submissions made by
BAIL No. 35061 of 2026
2
learned counsel for the parties and perused the record.
6. Considering the jumping of bail and period of incarceration already
undergone in Gwalior Jail, the accused/applicant is entitled to be released
on bail.
7. In the case of Mohd. Muslim alias Hussain Vs. State (NCT of Delhi)
[(2023) 18 SCC 166] the Apex Court observed and held that the rigour
under Section 37 of NDPS Act would not come in the way, when the
Court deals with the liberty of a person, as more the rigour, quicker ought
to be the adjudication. Therefore, considering the facts and circumstances
of the case, the bail application is allowed.
8. The accused/applicant be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
October 1, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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