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2026 DAILYLAW 7349 (ALL)

RAJ SINGH GAUTAM AND ANOTHER v. STATE OF U.P.

BAIL/32880/2026 · 2026-09-15

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. - 32880 of 2026 Court No. - 68 (Sr. No.7 out of 291) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sunil Kumar Singh, learned counsel for the applicants, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.222 of 2026, under Section 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Kamasin, District Banda, during the pendency of trial. 4. As per the allegations of the FIR, 2.67 grams and 2.147 grams of ganja is said to have been recovered from the possession of the applicants, respectively. 5. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The said contraband is below the commercial quantity, as such, the rigours of Section 37 of the N.D.P.S. Act do not apply to the instant case. There is no report of the chemical analyst to corroborate the allegations that the alleged contraband is ganja. There is no compliance of the mandatory provisions of Sections 52-A and 57 of the N.D.P.S. Act. There is no criminal history of the applicants. The applicants are languishing in jail since 13.08.2026. In case, the applicants are released on bail, they will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Sunil Kumar Singh Counsel for Opposite Party(s) : G.A. Raj Singh Gautam And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Learned A.G.A. has vehemently opposed the bail application. 7. 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 Section 52-A and 57 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 applicants have made out a case for bail. The bail application is allowed. 8. Let the applicants- Raj Singh Gautam and Aman Singh @ Anku, 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 they 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 16, 2026 (Ravi Kant) BAIL No. 32880 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad