Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35495 of 2026
Court No. - 68 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mohd. Naushad, learned counsel for the applicant, Sri D.K. Singh, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 91 of 2026, under Section 8/29 of N.D.P.S. Act, Police Station Jhinjhana, District Shamli, during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that name of applicant has come up in the confessional statement of co-accused person, recorded u/s 67 of the NDPS Act, which has no evidentiary value being hit by the judgement passed by Supreme Court in the case of Tofan Singh versus State of Tamil Nadu, 2021(4) SCC 1; and that the criminal history of two cases assigned to the applicant stands explained and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. Accordingly, the bail application is allowed.
5. Let the applicant- Husain, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.
6. Breach of any of the above condition shall entail cancellation of bail. The observation herein shall not affect the trial on merits. (Krishan Pahal,J.) October 6, 2026 Shalini Versus Counsel for Applicant(s) : Mohd. Naushad Counsel for Opposite Party(s) : G.A.
Husain .....Applicant(s) State of U.P. .....Opposite Party(s) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad