Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22454 of 2026 Court No. - 68 (Sr. No.106 out of 185) HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Rejoinder affidavit filed today is taken on record.
2. Heard Sri Prateek Srivastava, 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.212 of 2026, under Section 109(1) B.N.S., Sections 8/18/25/29/60 of The Narcotic Drugs And Psychotropic Substances Act, 1985 and 3/25 Arms Act, Police Station- Chopan, District Sonbhadra, 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 3 kg of opium and 2.3675 quintals of poppy straw has been foisted on the applicant. The said contraband is marginally above the commercial quantity, and there is no compliance with the mandatory provisions of Section 52-A of the N.D.P.S. Act. The story has been dramatized, and there is no independent witness to the incident, including the villagers. There is no criminal history of the applicant. The applicant is languishing in jail since 01.06.2026. In case, the applicant is released on bail, he will not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Prateek Srivastava Counsel for Opposite Party(s) : G.A.
Prince Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
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 the recovered contraband is below the commercial quantity and that there is no compliance with the mandatory provisions of Section 50 and 52-A of the NDPS 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- Prince Singh, 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. September 8, 2026 (Ravi Kant) BAIL No. 22454 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad