Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34931 of 2026 Court No. - 68 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Harshit Chauhan, Advocate holding brief of Sri A.K.S. Chauhan, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.0390 of 2026, under section 8/20 NDPS Act, Police Station Jalalabad, District Shahjahanpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. A false recovery of 8.31 Kg. of ganja has been foisted on the applicant. The allegations are per se false and the recovered contraband is below the commercial quantity. 5. Learned counsel for the applicant has further argued that there is no compliance of mandatory provision of Section 52A and 57 of the N.D.P.S. Act. There is no criminal history of the applicant. The applicant is languishing in jail since 20.8.2026. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Ajit Kumar Singh Chauhan Counsel for Opposite Party(s) : G.A. Atiq Ali .....Applicant(s) State of U.P. .....Opposite Party(s)
7. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances coupled with the fact that recovered contraband is below the commercial quantity and there being no compliance of mandatory provision of Section 52A & 57 of the NDPS Act, without commenting on the merits of the case, prima facie, I find it a fit case for bail. The bail application is allowed. 8. Let the applicant- Atiq Ali, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. Breach of any condition shall entail cancellation of bail.
The observations herein shall not affect the trial on merits. October 8, 2026 Vikas Verma BAIL No. 34931 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad