VIJAYPALversusSTATE OF U.P.

           HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 5172 of 2026

Vijaypal
                                                            .....Applicant(s)
                                   Versus

State of U.P.
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                    :   Ved Prakash Mishra
Counsel for Opposite Party(s)               :   G.A.

Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

1. The present case has been taken up out of turn under the category of
mention cases.

2. Heard learned counsel for the applicant and learned AGA for the State-
respondents and perused the record.

3. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant with a
prayer to release him on bail in Case Crime 785 of 2025 under Section
8/20 NDPS Act, registered at Police Station- Civil Line, District-
Moradabad during pendency of the trial.

4. It has been argued by the learned counsel' for the applicant that
applicant is innocent and he has been falsely implicated in this case and
he has been languishing in jail since 9.10.2025. It is further submitted that
2.94 kg. of charas is said to have been recovered from the possession of
the applicant and co-accused Hariom. It is further submitted that
mandatory provisions of Sections 50 and 52-A of NDPS Act have not
been complied with. It is also submitted that the applicant undertakes that
he will not misuse the liberty, if granted. It is also submitted that co-
accused Hariom has been released on bail by co-ordinate Bench of this
Court vide order dated 4.5.2026 passed in Criminal Misc. Bail
Application No. 14921 of 2026. It has also been pointed out that in the
wake of heavy pendency of cases in the Court, there is no likelihood of
any early conclusion of trial.
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5. On the other hand, learned A.G.A. has opposed the prayer for grant of
bail to the applicant.

6. As per allegation in the FIR, 2.94 kg. of charas is said to have been
recovered from a schoooty, in which the applicant and the co-accused
were riding and the possession of the applicant and co-accused Vijay Pal
and it is submitted by learned counsel for the applicant that mandatory
provisions of Sections 52-A of NDPS Act have not been complied with.

7. Upon considering the totality of facts, nature and the evidence reflected
from record and also taking into consideration the provision of Section 37
of the NDPS Act and in view of the law laid down by Hon'ble Apex Court
in Nadeem Ahmed vs. State of West Bengal, 2025 LawSuit (SC) 1134
(2025 INSC 993) and in view of the law laid down by Hon'ble Apex
Court in Union of India vs. Shiv Shanker Kesari, 2007 (7) SCC 798
and without expressing any opinion on merits of the case, I find it to be a
fit case for bail. Hence, the present bail application is ALLOWED.

8. Let the applicant- Vijaypal involved in the aforesaid case crime be
released on bail on his furnishing a personal bond of Rs. 50,000/-with 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 not pressurize/intimidate the prosecution
witnesses.


(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.


(iv) The applicant shall file an undertaking to the effect that he shall not
seek any adjournment on the dates fixed for evidence when the witnesses
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                                    are present in the trial court.


                                    (v) The applicant shall remain present before the trial court on each date
                                    fixed, either personally or through his counsel.


                                    9. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.


                                    10. It is clarified that anything said in this order is limited to the purpose
                                    of determination of this bail application and will in no way be construed
                                    as an expression on the merits of the case. The trial court shall be
                                    absolutely free to arrive at its independent conclusions on the basis of
                                    evidence led unaffected by anything said in this order.

                                    May 7, 2026
                                    KK Patel

                                                                                        (Jai Prakash Tiwari,J.)




Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad