Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35997 of 2026 Court No. - 68 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Vishveshwar Mani Tripathi, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.442 of 2026, under Section 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Gagaha, District Gorakhpur, during the pendency of trial.
4. Learned counsel for the applicant has argued that 1.270 grams of charas has been foisted on the applicant by the police to show good work. The quantity of the contraband has been inflated merely to bring it within the commercial category. There is no report of the chemical analyst to corroborate the allegations that the alleged contraband is charas. There is no compliance of the mandatory provisions of Sections 50 and 52-A of the N.D.P.S. Act. There is no criminal history of the applicant. The applicant is languishing in jail since 05.09.2026. In case, the applicant is released on bail, he will not misuse the liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration that there is no compliance with the mandatory provisions of Versus Counsel for Applicant(s) : Deenanath Gupta, Vishveshwar Mani Tripathi Counsel for Opposite Party(s) : G.A.
Anoop Kumar Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s)
Sections 50 and 52-A of the N.D.P.S. 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. The bail application is allowed.
7. Let the applicant- Anoop Kumar Chauhan, 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.
8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. October 8, 2026 (Ravi Kant) BAIL No. 35997 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad