Allahabad High Court
BAIL/36026/2026 of DHARMRAJ Vs STATE OF U.P. on 7 October 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36026 of 2026 Court No. - 68 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Anand Vibhor Singh, learned counsel for the applicant, Ms. Ifrah Islam, learned State Law Officer for the State and perused the material
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 36026 of 2026
Court No. - 68
HON'BLE KRISHAN PAHAL, J.
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1. List has been revised.
2. Heard Sri Anand Vibhor Singh, learned counsel for the applicant, Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.399 of 2026, under Section 8/21 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Bisanda, District Banda, during the pendency of trial.
4. Learned counsel for the applicant has argued that 47.1 grams of smack is said to have been recovered from the possession of the applicant, which is below the commercial quantity. There is no report of the chemical analyst to corroborate the allegations that the alleged contraband is smack. 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 applicant. The applicant is languishing in jail since 28.08.2026. 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 the fact that the contraband is below the commercial quantity and there is no compliance with the mandatory provisions of Sections 52-A Versus Counsel for Applicant(s) : Anand Vibhor Singh, Karunesh Pratap Singh Counsel for Opposite Party(s) : G.A.
Dharmraj .....Applicant(s) State of U.P. .....Opposite Party(s)
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 applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant- Dharmraj, 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. October 8, 2026 (Ravi Kant) BAIL No. 36026 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad