Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 7916 (ALL)

YUSUF v. STATE OF U.P.

BAIL/28889/2026 · 2026-09-16

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. - 28889 of 2026 Court No. - 68 (Sl. No.83 out of 115) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Ms. Amrita Kashyap, learned counsel for the applicant, Sri Abhishek Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 233 of 2026, under Section 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Thakurdwara, District -Moradabad, 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 by the police to show good work. 1.1 kg of charas is stated to have been recovered from the conscious possession of the applicant. The said contraband has been inflated to make it fall within commercial category. Learned counsel for the applicant has stated that there is no compliance of mandatory provision of Sections 50 and 52-A of the N.D.P.S. Act. 5. Learned counsel for the applicant has stated that there is no criminal history of the applicant. The applicant is languishing in jail since 24.7.2026. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Amrita Kashyap Counsel for Opposite Party(s) : G.A. Yusuf .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, there being no compliance of mandatory provisions of the NDPS Act; there being no report of the chemical analyst to corroborate the allegations against the applicant, at this stage without commenting on the merits of the case, prima facie, I find it a fit case for bail. The bail application is allowed. 8. Let the applicant- Yusuf, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 17, 2026 Shalini BAIL No. 28889 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad