Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 5327 (ALL)

SUHAIL v. STATE OF U.P.

BAIL/31429/2026 · 2026-09-07

Krishan Pahal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31429 of 2026 Court No. - 68 (Sr. No.9 out of 185) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Mukesh Joshi, 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.190 of 2026, under Section 8 & 20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Kundarki, District- Moradabad, 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 1050 gram of Charas has been foisted on the applicant. The allegations are per se false and the quantity of the recovered contraband has deliberately been inflated by the police just to make it fall within the commercial category. 5. Learned counsel for the applicant has further argued that there is no chemical analyst's report to corroborate that the recovered contraband is Charas. The criminal history of eight cases assigned to the applicant has been explained. The applicant is languishing in jail since 27.7.2026. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Mukesh Joshi Counsel for Opposite Party(s) : G.A. Suhail .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Learned State Law Officer has vehemently opposed the bail application. 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 there is no chemical analyst's report to corroborate that the recovered contraband is Charas, 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- Suhail, 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. September 8, 2026 Vikas Verma BAIL No. 31429 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad