Allahabad High Court

AKASHversusSTATE OF U.P.

Decided: 5 May 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The court granted bail to the applicant, finding that the statutory criteria for bail were met.

Summary

Akash applied for bail in a case (Crime No. 43 of 2025) where he was charged under Sections 347(1) B.N.S., 8/21, 23, 29 of the NDPS Act and Section 63 of the Copyright Act for alleged involvement in a drug‑smuggling incident. The FIR named three persons, two of whom were arrested on the spot; Akash was later arrested at Mahrajganj Bus Stand based solely on the co‑accused’s statement and no contraband was recovered from him. He pleaded innocence, arguing that he was falsely implicated and that there is no risk of flight or evidence tampering, as detailed in his bail affidavit. The State opposed bail but did not dispute the factual matrix. After considering the nature of the offences, the material evidence, and the applicant’s lack of prior convictions, the court held that the bail criteria were satisfied and granted bail subject to personal bond, sureties, and standard conditions.

Issues considered

Whether bail should be granted to an accused under the NDPS Act and Copyright Act in the absence of seized material and with the risk of evidence tampering or flight.

Legislation cited

Copyright Act — s. 63
Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 23, 29, 347(1) B.N.S., 8

Subjects

bail
NDPS Act
drug smuggling
false implication
evidence tampering
flight risk
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8649 of 2026

Akash
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : A.T. Pandey
Counsel for Opposite Party(s) : G.A.

Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Sandeep Kumar Shukla, Advocate, under the authority of Shri
A.T. Pandey, learned counsel for the applicant and Shri Bijendra Kumar,
learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicant Akash, with a
prayer to enlarge him on bail in Case Crime No. 43 of 2025, under
Sections 347 (1) BNS, Section 8/21, 23, 29 of NDPS Act, and under
Section 63 of Copyright Act, Police Station-Thuthibari, District-
Maharajganj, during pendency of trial.

Learned counsel for the applicant submits that the accused applicant is
innocent. He has been falsely implicated in the present case and is
languishing in jail since 05.07.2025. Learned counsel for the applicant
submits that first information report was lodged against three named
persons including the applicant with the allegation that on an information
of smuggling of drug injection the police party tried to stop a pulsar motor
cycle, chased and arrested two persons namely Awadh Bihari and Gauri
Yadav, whereas, one person fled away from the spot. Learned counsel for
the applicant submits that the applicant was not arrested on the spot. His
name has been surfaced in the statement of the co-accused arrested on the
spot. The applicant was arrested on 05.07.2025 from Mahrajganj Bus
Stand and nothing has been recovered from the possession or his pointing
out. Criminal antecedents of three cases has been properly explained in
paragraph no. 11 of the affidavit filed in support of bail application and
there is no likelihood of his fleeing from course of justice or tampering
BAIL No. 8649 of 2026
2

with evidence in case of release on bail. Hence, bail has been prayed for.

Per contra, learned A.G.A. has opposed the bail prayer of the applicant
but could not dispute the aforesaid facts.

Considering the nature of the offence, material/evidence brought on
record, complicity of the accused, severity of punishment, the
submissions made by the learned counsel for the parties, the Court is of
the view that the applicant has made out a case for bail. The bail
application is allowed.

Let the applicant-Akash, involved in aforesaid case crime be released on
bail on his furnishing a personal bond and two local sureties each of 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.

(Ashutosh Srivastava,J.)
May 6, 2026
Deepak/

Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…