Allahabad High Court
BAIL/35061/2026 of GULAM JILANI Vs STATE OF U.P. on 30 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35061 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Ram Prakash Singh, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant/ accused- Gulam
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35061 of 2026
Court No. - 69
HON'BLE AVNISH SAXENA, J.
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1. Heard Sri Ram Prakash Singh, learned counsel for accused applicant and learned A.G.A. for State.
2. The present bail application has been moved by the applicant/ accused- Gulam Jilani to enlarge him on bail in Case Crime No. 37 of 2018, under Sections 21/22 NDPS Act, P.S.- GRP, District- Kanpur Nagar, during the pendency of trial.
3. It is the contended by learned counsel that the FIR is of the year 2018, wherein the accused/applicant was already granted bail in order dated 19.04.2018 and thereafter he has appeared in the trial, but on 22.09.2021 the accused/applicant was in Gwalior Jail in another case, as such he could not appear before the trial court, which led to the issuance of processes. The applicant remained in Gwalior Jail till 22.02.2023. The accused/applicant has criminal history of six cases, wherein in all the cases, he is on bail. The applicant when came to know about the process has surrendered before the court on 21.08.2026 and his bail application was rejected. As such he has moved the present bail application. The non appearance of the applicant was not attributed to any default but due to his incarceration in Gwalior jail. The trial is still at nascent stage. He seeks enlargement of accused on bail.
4. Learned A.G.A. for State opposed the bail application.
5. This Court has taken into consideration the rival submissions made by Versus Counsel for Applicant(s) : Ram Prakash Singh Counsel for Opposite Party(s) : G.A. Gulam Jilani .....Applicant(s) State of U.P. .....Opposite Party(s)
learned counsel for the parties and perused the record.
6. Considering the jumping of bail and period of incarceration already undergone in Gwalior Jail, the accused/applicant is entitled to be released on bail.
7. In the case of Mohd. Muslim alias Hussain Vs. State (NCT of Delhi) [(2023) 18 SCC 166] the Apex Court observed and held that the rigour under Section 37 of NDPS Act would not come in the way, when the Court deals with the liberty of a person, as more the rigour, quicker ought to be the adjudication. Therefore, considering the facts and circumstances of the case, the bail application is allowed.
8. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. October 1, 2026 Abhishek Sri. BAIL No. 35061 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad