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2026 DAILYLAW 15585 (ALL)

AMAN SAXENA v. STATE OF U.P.

BAIL/34910/2026 · 2026-10-06

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34910 of 2026 Court No. - 68 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Anurag Kumar Pandey, learned counsel for the applicant, Sri Abhishek Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 937 of 2026, under Sections 8/20 NDPS Act, Police Station Baradari, District Bareilly, during the pendency of trial. 4. The criminal history assigned to the applicant has been explained. 5. This Court is of the view that if a case for bail is otherwise made out, an accused cannot be kept incarcerated solely on account of his criminal antecedents. In the instant case, the criminal history assigned to the applicant has been properly explained. 6. 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 the alleged quantity of contraband i.e. 477 grams of charas, recovered from the conscious possession of the applicant is below commercial category and there being no compliance of mandatory provisions of Sections 52-A and 57 of NDPS Act 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. 7. Let the applicant- Aman Saxena, 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. Versus Counsel for Applicant(s) : Anurag Kumar Pandey Counsel for Opposite Party(s) : G.A. Aman Saxena .....Applicant(s) State of U.P. .....Opposite Party(s) 8. 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 7, 2026 Shalini BAIL No. 34910 of 2026 2 Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad