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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 3256 of 2026 Court No. - 68 (Sr. No.67 out of 185) HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Rejoinder affidavit filed today is taken on record. 2. Heard Sri Somit Shukla, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.744 of 2025, under Section 8/20/29/60 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Kosi Kalan, District Mathura, 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. He has nothing to do with the said offence. The main accused person, Vinod Kumar, who was the supplier of the said contraband, has been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 06.04.2026 passed in Criminal Misc. Bail Application No.9787 of 2026. No inventory as per the provision of Section 52-A of the N.D.P.S. Act is on record and there being no compliance, the applicant is entitled to bail. The applicant is languishing in jail since 08.12.2025, as such, the period of incarceration is about ten months and the trial is not moving ahead. There is no criminal history of the applicant. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Kartikey Singh, Siddharth Shukla, Somit Shukla Counsel for Opposite Party(s) : G.A.
Kanhaiya Lal Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
5. Learned A.G.A. has vehemently opposed the bail application on the ground that there is compliance with Section 52-A of the N.D.P.S. Act. Even the forensic report has come up, which indicates that the said contraband was ganja, and a heavy quantity of ganja was recovered from a truck, which was being driven by the applicant. The said contraband was 195 kg., which is much above the commercial quantity, as such, the applicant is not entitled to bail. 6.
After hearing learned counsel for the parties and taking into consideration the forensic report and the fact that there is compliance of the mandatory provisions of Section 52-A of the N.D.P.S. Act, I do not find it a fit case for grant of bail to the applicant. The bail application is found devoid of merits and is, accordingly, rejected. 7. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. 8. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, as early as possible, in accordance with law, if there is no legal impediment. September 8, 2026 (Ravi Kant) BAIL No. 3256 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad