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2026 DAILYLAW 8237 (ALL)

SMT PREETI v. STATE OF U.P.

BAIL/31231/2026 · 2026-09-22

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31231 of 2026 Court No. - 68 (Sl. No. 85 out of 208) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Devendra Kumar, learned counsel for the applicant and Sri Abhishek Mishra, learned A.G.A. for the State and also perused the material placed on record. 3. By means of the present application, the applicant seeks bail in Case Crime No. 224 of 2026, under Sections 21/22 of Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station - Refinery, District - Mathura, during the pendency of trial. 4. As per the prosecution story, 172 grams of Alprazolam powder is stated to have been recovered from the possession of the applicant by police. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. No incriminating article has been recovered from the possession of the applicant. There is no independent witness to support the prosecution version. There is no chemical analyst report which indicates that the alleged recovery is a contraband article. The quantity of contraband has been inflated by the police just to make it fall within the category of commercial quantity. 6. Learned counsel has further stated that there is no compliance of Section 52A of NDPS Act with regard to search and seizure. Criminal Versus Counsel for Applicant(s) : Devendra Kumar Counsel for Opposite Party(s) : G.A. Smt Preeti .....Applicant(s) State of U.P. .....Opposite Party(s) history assigned to the applicant stands explained. The applicant is languishing in jail since 02.08.2026, deserves to be released on bail. In case, the applicant is released on bail, she will not misuse the liberty of bail and shall cooperate with trial. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and particularly the absence of a chemical analysis report confirming the nature of the substance and the prima facie non-compliance with Section 52A of NDPS Act, this Court prima facie finds it a fit case to release the applicant on bail. 8. Accordingly, the bail application is allowed. Let the applicant- Smt Preeti, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that she 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 23, 2026 Siddhant BAIL No. 31231 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad