Ajit Alias Amit Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

Ajit Alias Amit Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed on the ground of parity; applicant Ajit Alias Amit to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with sureties to be verified before issuing the release order; subject to conditions: (i) not to tamper with evidence during trial, (ii) not to pressurize/intimidate prosecution witnesses, (iii) to appear before the trial court on the date fixed; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Ajit Alias Amit, whose role is stated to be identical to that of co-accused Pawan Jado (already enlarged on bail), is entitled to be enlarged on bail in Case Crime No. 477 of 2024 under Sections 8/20/25/29/60(3) of NDPS Act during the pendency of trial, on the ground of parity.

Court's answer

Considering the facts and circumstances of the case, submissions of learned counsel for the parties, evidence on record, pending trial, and the judgments in Nanha S/o Nabhan Kha, Paras Ram Vishnoi and Satender Kumar Antil, the Court held that the applicant has made out a case for bail and allowed the bail application on the ground of parity, expressly without expressing any opinion on the merits of the case.

Ratio / Principle

Bail was granted on the ground of parity: the applicant's role is identical to that of co-accused Pawan Jado, who has already been enlarged on bail, and the A.G.A. opposing the prayer did not dispute this factual aspect of the parity to the co-accused.

Key takeaways

It is made clear that the 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.obiter¶18

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.) — CRIMINAL MISC. BAIL APPLICATION No. 14469 of 2025, Order Date 22.7.2025 (Neutral Citation No. 2025:AHC:119826): Bail allowed on the ground of parity to applicant Ajit Alias Amit in Case Crime No. 477 of 2024 under Sections 8/20/25/29/60(3) of NDPS Act, Police Station-Karhal, District-Mainpuri, during pendency of trial; applicant languishing in jail since 06.12.2024. Role of applicant stated to be identical to similarly placed co-accused Pawan Jado, enlarged on bail by a co-ordinate Bench of this Court vide order dated 23.06.2025 in Criminal Misc. Bail Application No. 14450 of 2025; the A.G.A. opposed the prayer but did not dispute this factual aspect of parity. Decision reached in light of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938; Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021; and Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825, expressly without expressing any opinion on the merits. Release ordered on personal bond and two sureties each in the like amount (sureties to be verified), with conditions of no tampering with evidence, no pressurizing/intimidating prosecution witnesses, and appearance before the trial court on fixed dates; breach of any condition to be a ground for cancellation of bail; bail observations not to affect the trial Judge's independent opinion based on witness testimony.

Neutral Citation No. - 2025:AHC:119826

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14469 of 2025

Applicant :- Ajit Alias Amit Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Counter affidavit filed today is taken on record.

Learned counsel for the applicant does not proposed to file rejoinder.

Heard Sri Vinod Kumar Yadav, learned counsel for the applicant, Sri Abhishek Mishra, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No. 477 of 2024, under Sections 8/20/25/29/60(3) of NDPS Act, Police Station-Karhal, District- Mainpuri, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person, Pawan Jado has already been enlarged on bail by co-ordinate Bench this Court vide order dated 23.06.2025 passed in Criminal Misc. Bail Application No. 14450 of 2025. The applicant is languishing in jail since 06.12.2024. He further submitted that since the role of the applicant is identical to that of co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the

Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgment of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825 , without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity.

Let the applicant- Ajit Alias Amit , 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 following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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.

Order Date :- 22.7.2025 Karan

(Justice Krishan Pahal)

Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad