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2026 DAILYLAW 7437 (ALL)

NARENDRA KUMAR @ NARESH KUMAR v. STATE OF U.P. THROUGH ITS PRINCIPAL SECRETARY HOME, GOVERNMENT OF U.P. AT LUCKNOW

BAIL/32915/2026 · 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. - 32915 of 2026 Court No. - 68 (Sr. No.19 out of 291) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Brijesh Kumar Prajapati, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.0151 of 2026, under Sections 8, 20, 29, 60 N.D.P.S. Act, Police Station Naseerpur, District Firozabad, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is not named in the FIR. His name has come up in the confessional statement of the co-accused, Pannalal Lodhi, recorded under Section 67 of the N.D.P.S. Act. The said statement is hit by the judgment of the Supreme Court in Tofan Singh v. State of Tamil Nadu, 2020 SCC OnLine SC 882. There is no other evidence against the applicant. It is true that a heavy quantity of contraband was recovered from the co-accused, Pannalal Lodhi, but the applicant has nothing to do with the said recovery. The applicant has no criminal history and is in jail since 19.07.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be Versus Counsel for Applicant(s) : Brijesh Kumar Prajapati, Maheshwari Prasad Srivastava, Shashi Kant Singh, Surendra Kumar Singh Counsel for Opposite Party(s) : G.A. Narendra Kumar @ Naresh Kumar .....Applicant(s) State Of U.P. Through Its Principal Secretary Home, Government Of U.P. At Lucknow .....Opposite Party(s) disputed. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the name of the applicant has come up in the confessional statement of the co-accused, 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- Narendra Kumar @ Naresh Kumar, 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 16, 2026 (Ravi Kant) BAIL No. 32915 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad