Allahabad High Court
AJAY KUMARversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
Bail was granted to the accused under the NDPS Act with conditions.
Summary
The High Court of Allahabad considered a second bail application filed by Ajay Kumar, who is accused under Sections 8 and 20 of the NDPS Act in Crime No. 415 of 2025. His first bail plea had been rejected, but co‑accused Himanshu Jatav and Neeraj Vats had been granted bail by the same court. The applicant claimed innocence, argued that the charge‑sheet was filed only recently and that the trial would be lengthy, and asserted that he posed no flight risk or danger of tampering with evidence. The State opposed bail but could not dispute the precedent of bail to similarly situated co‑accused. Weighing the nature of the offence, the severity of possible punishment, and the risk of witness intimidation, the court, without commenting on the merits, found that a case for bail existed and ordered his release on bail subject to personal bond, sureties and strict conditions. The bail was granted with conditions prohibiting evidence tampering, criminal activity, intimidation of witnesses, and mandating regular court appearances.
Issues considered
- Whether bail should be granted to an accused under Sections 8 and 20 of the NDPS Act considering the prima facie case and risk of tampering with evidence.
Legislation cited
Subjects
- bail
- NDPS Act
- Section 8
- Section 20
- prima facie case
- witness tampering
- flight risk
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8272 of 2026
Ajay Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Narendra Kumar, Yogendra Pal Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant and Shri Rajesh Kumar Singh, learned AGA
for the State and perused the entire material available on record.
This is a second bail application filed by the applicant. The first bail application filed
by the applicant was rejected by this Court vide order dated 02.02.2026, passed in
Criminal Misc. Bail Application No. 34726 of 2025, copy whereof has been brought
on record as Annexure-1 to the bail application.
The applicant- Ajay Kumar, has filed this second bail application with a prayer to
enlarge him on bail in Crime No. 415 of 2025, under Sections 8/20 of N.D.P.S. Act,
Police Station-Phase-2, District-Gautam Budh Nagar, during the pendency of the trial.
In support of this second bail application, learned counsel for the applicant has
reiterated the entire submissions made in the first bail application, which are not
necessary to mention herein again by this Court.
Learned counsel for the applicant argued that the accused-applicant is innocent. He
has been falsely implicated in this very case crime number and is languishing in jail
since 29.08.2025. He further submits that in the present case charge sheet has been
filed on 22.11.2025 and there are 12 witnesses there is no possibility of conclusion of
trial in near future. Learned counsel for the applicant submits that similarly
circumstanced co-accused Himanshu Jatav and Neeraj Vats @ Neeru, have already
been granted bail by a coordinate Benches of this Court in Criminal Misc. Bail
Application No. 33163 of 2025 and 33079 of 2025 vide orders dated 26.03.2026 and
23.04.2026. Criminal antecedent of two cases has already been explained in the
affidavit filed in support of bail application and there is no likelihood of his fleeing
from course of justice or tampering with evidence in case of release on bail. Hence,
bail has been prayed for.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could
not dispute the fact that similarly circumstanced aforesaid co-accused has already been
BAIL No. 8272 of 2026
2
granted bail by this Court.
Considering all those facts and circumstances, the nature of accusations, severity of
the punishment in the case of conviction and nature of supporting evidence,
reasonable apprehension of tampering with the witness and prima facie case, but
without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Ajay Kumar, involved in above mentioned case crime
number be released on bail, on his executing a personal bond and two reliable sureties
each, in the like amount to the satisfaction of the court concerned, subject to the
following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-
operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court,
unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at
liberty to proceed to cancel his bail.
May 6, 2026
Deepak/
(Ashutosh Srivastava,J.)
Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad
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