Allahabad High Court
IBRAHIM ANSARIversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Ibrahim Ansari, who was charged under Sections 8, 15(C), 25 and 29 of the NDPS Act in a case where more than 12 quintals of poppy were recovered from the cement store of co‑accused Amarpal Singh. The prosecution’s case against Ansari rests solely on the co‑accused’s statement, with no direct evidence linking Ansari to the contraband. The co‑accused had already been released on bail, Ansari had no prior criminal record, and he had been in custody for over three months without being arrested at the spot of recovery. The court noted these circumstances and, without commenting on the merits, granted bail on the condition of a personal bond, sureties, and compliance with standard bail conditions. The order emphasized that the bail decision does not prejudice the trial’s substantive issues.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act when the only evidence is a co‑accused’s statement and the contraband was recovered from the co‑accused’s premises.
- Whether prolonged pre‑trial detention without direct evidence warrants bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 15(C), 25, 29, 8
Subjects
- bail
- NDPS Act
- pre‑trial detention
- co‑accused testimony
- lack of direct evidence
- criminal history
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8638 of 2026
Ibrahim Ansari
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ramajan Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Sri Hasan Parvej, Advocate holding brief of Sri Ramajan Ahmad, learned
counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State.
2. The instant bail application has been filed seeking release of the applicants on bail
in Case Crime No.185 of 2025, under Sections 8/15(C)/25/29 of N.D.P.S. Act, Police
Station Rehra, District Amroha, during pendency of the trial.
3. Learned counsel for the applicant submits, as per prosecution, from the cement
store of co-accused Amarpal Singh more than 12 quintal poppy was recovered and
applicant, though, having no concern with the alleged recovery but he has also been
made accused on the basis of information furnished by the co-accused Amarpal Singh.
4. He next submits, as per co-accused Amarpal Singh, the alleged recovered
contraband belonged to the applicant but this allegation is false.
5. He next submits, except the statement of co-accused before the police, there is no
cogent evidence which can connect the applicant with the alleged recovered
contraband.
6. He next submits, admittedly the recovery of alleged contraband was made from the
store of the co-accused Amarpal Singh. He further submits, co-accused Amarpal
Singh has been released on bail by the coordinate Bench of this Court vide order dated
10.04.2026 passed in Criminal Misc. Bail Application No.7871 of 2026 and case of
the applicant is at better footing than him.
7. He next submits, admittedly applicant was neither arrest on the spot where recovery
was made nor he is having any criminal history to his credit.
8. He further argued, in the present matter applicant is in jail since 08.01.2026 i.e. for
last more than 3 months.
9. Per contra, learned AGA however opposed the prayer for bail but could not dispute
the argument on facts advanced by learned counsel for the applicant.
10. I have heard both the parties and perused the record of the case.
11. Considering the fact that alleged recovered contraband was recovered from the
store of Amarpal Singh and applicant was not arrested from spot and co-accused
Amarpal Singh has been released on bail by this Court and applicant is having no
BAIL No. 8638 of 2026
2
criminal history and is in jail since 08.01.2026, in my view applicant is entitled to be
enlarged on bail.
12. Accordingly, without expressing any opinion on the merits of the case, the instant
bail application is allowed.
13. Let the applicant - Ibrahim Ansari 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 the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his
personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
14. In case of breach of any of the above condition, the prosecution will be at liberty
to move an application before this Court for cancellation of the bail of the applicant.
15. It is clarified that the observations made herein are limited to the facts brought in
by the parties pertaining to the disposal of bail application and the said observations
shall have no bearing on the merits of the case during trial.
April 20, 2026/Mini
(Sameer Jain,J.)
Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad
Checking your session…