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2026 DAILYLAW 3215 (ALL)

DEEPU BHARTI v. STATE OF U.P.

BAIL/15115/2026 · 2026-05-04

Rajiv Lochan Shukla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15115 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.131 of 2026, under Sections 8/20(b), 29 NDPS Act, Police Station- Ramkola, District- Kushinagar. 3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant was not arrested on the spot nor was any contraband recovered from his possession or pointing out. The applicant is not a police personnel. The contraband weighing 21.100 kg has been recovered from the co-accused Sunder Lal Nishad and Suresh Yadav. Similarly situated co-accused Suraj Giri and Nitesh Kumar Yadav, who were police personnel supposedly involved in the trafficking of Ganja, have been enlarged on bail by this Court vide its order dated 23.04.2026 passed in Criminal Misc. Bail Application No. - 13420 of 2026 (Suraj Giri and Another Vs. State of U.P.). The case of the applicant is on a similarly footing to that of the co-accused, therefore, similar indulgence may also be granted to the applicant. The applicant is in jail since 27.3.2026 and he does not have any criminal antecedents. 4. The Learned A.G.A. has opposed the prayer for grant of bail and has contended that the applicant belongs to a gang involved in drug trafficking with active collusion of the police personnel. The Learned A.G.A., however, could not dispute the fact that similarly situated co- Versus Counsel for Applicant(s) : Amrita Kashyap Counsel for Opposite Party(s) : G.A. Deepu Bharti .....Applicant(s) State of U.P. .....Opposite Party(s) accused have already been enlarged on bail by this Court. 5. I have considered the submissions made by the Learned counsels for the parties and perused the record. 6. The co-accused Suraj Giri and Nitesh Kumar Yadav, are stated to be police personnel who were involved alongwith the applicant and the co- accused arrested on the spot in supposedly trafficking Ganja. The applicant has no criminal antecedents and co-accused have already been enlarged on bail by this Court. No recovery has been made from the possession or pointing out of the applicant. The applicant is in jail since 27.3.2026. 7. Taking into account all the facts and circumstances of the case, I deem it fit to enlarge the applicant on bail. 8. The bail application is allowed. 9. Let the accused-applicant- Deepu Bharti, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official BAIL No. 15115 of 2026 2 website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. May 5, 2026 Sachin BAIL No. 15115 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad