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2026 DAILYLAW 6611 (ALL)

MOHD. DANISH v. STATE OF U.P.

BAIL/31730/2026 · 2026-09-08

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31730 of 2026 Court No. - 68 (Sr. No.39 out of 318) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed today is taken on record. 2. Heard Sri Mohd. Shahibe Alam, 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.312 of 2026, under Section 8/21b of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Brahmpuri, District Meerut, during the pendency of trial. 4. Learned counsel for the applicant has argued that 11.35 grams of smack is said to have been recovered from the possession of the applicant, which is below the commercial quantity. The applicant has been implicated in the present case by the police to show good work. There is no compliance of mandatory provisions of Section 52-A of the N.D.P.S. Act. The criminal history assigned to the applicant stands explained. The applicant is languishing in jail since 30.07.2026. 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) : Mohd. Shahibe Alam Counsel for Opposite Party(s) : G.A. Mohd. Danish .....Applicant(s) State of U.P. .....Opposite Party(s) Section 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- Mohd. Danish, 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 9, 2026 (Ravi Kant) BAIL No. 31730 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad