Vivek Kumar Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

Vivek Kumar 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 Vivek Kumar to be released on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with surety verification before the release order, subject to conditions (no tampering with evidence, no pressurizing/intimidating prosecution witnesses, appearance before the trial court on dates fixed); breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, an accused in Case Crime No. 352 of 2024 under Sections 8/20/29 of NDPS Act (Police Station Sirsaganj, District Firozabad), is entitled to be enlarged on bail on the ground of parity with the similarly placed co-accused Madhav, whose role is identical and who has already been enlarged on bail.

Court's answer

Considering the facts and circumstances, submissions of counsel, evidence on record, pending trial, and the judgments in Nanha (1993 Crl.L.J. 938), Paras Ram Vishnoi (MANU/SCOR/22410/2021) and Satender Kumar Antil (2022 SCC OnLine SC 825), and without expressing any opinion on the merits of the case, the Court held the applicant had made out a case for bail, and allowed the bail application on the ground of parity.

Ratio / Principle

The applicant Vivek Kumar is 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 issuance of the release order, subject to the conditions that he shall not tamper with evidence during trial, shall not pressurize/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; breach of any condition shall be a ground for cancellation of bail.

Key takeaways

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¶9

Detailed headnote1 paragraphs

Bail — NDPS Act, Sections 8/20/29 (Case Crime No. 352 of 2024, P.S. Sirsaganj, Distt. Firozabad) — grant of bail solely on ground of parity with similarly placed co-accused Madhav already enlarged on bail by co-ordinate Bench (order dated 02.04.2025 in Bail Appln. No. 36188 of 2024), applicant in jail since 02.08.2024 — reliance on Nanha S/o Nabhan Kha v. State of U.P., 1993 Crl.L.J. 938 (Allahabad HC), Paras Ram Vishnoi v. Director, CBI, MANU/SCOR/22410/2021 (SC) and Satender Kumar Antil v. CBI, 2022 SCC OnLine SC 825 (SC) — bail allowed without expressing any opinion on merits, on personal bond and two sureties, with standard conditions including non-tampering with evidence, non-intimidation of witnesses and appearance on dates fixed; breach a ground for cancellation; observations not to affect trial Judge's independent opinion.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17256 of 2025

Vivek Kumar

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

Counsel for Applicant(s)	: Garun Pal Singh
Counsel for Opposite Party(s)	: G.A.
Court No.- 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Garun Pal Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.352 of 2024, under Sections 8/20/29 of NDPS Act, Police Station-Sirsaganj, District-Firozabad, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person, Madhav has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 02.04.2025 passed in Criminal Misc. Bail Application No. 36188 of 2024. The applicant is languishing in jail since 02.08.2024. 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

BAIL No. 17256 of 2025

2

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- Vivek Kumar , 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.

September 18, 2025 Karan

(Krishan Pahal,J.)

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