Geeta Kumari Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

Geeta Kumari Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Geeta Kumari 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, sureties to be verified before release, subject to conditions: (i) not tamper with evidence during trial; (ii) not pressurise/intimidate prosecution witnesses; (iii) appear before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, Geeta Kumari, accused in Case Crime No. 556 of 2024 under Sections 8/20 of the NDPS Act (P.S. Ajeetmal, District Auraiya), is entitled to be enlarged on bail during the pendency of trial on the ground of parity with co-accused Puneeta, who has already been enlarged on bail.

Court's answer

Considering the submissions, evidence on record, the pending trial and the bail order of the co-accused, and without expressing any opinion on the merits, the Court held the applicant entitled to be released on bail and allowed the bail application on the ground of parity.

Key takeaways

The observations made in granting bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶¶25

Detailed headnote1 paragraphs

NDPS Act – bail on parity: Krishan Pahal, J. (Allahabad High Court, September 25, 2025) allowed the bail application of Geeta Kumari, accused in Case Crime No. 556 of 2024 under Sections 8/20 of the NDPS Act, P.S. Ajeetmal, District Auraiya, during pendency of trial. Basis: similarly placed co-accused Puneeta had already been enlarged on bail by a coordinate Bench vide order dated 23.06.2025 in Criminal Misc. Bail Application No. 19976 of 2025; the applicant, in custody since 15.12.2024 with no criminal history, was held entitled to bail on parity, the State not disputing these facts despite opposition by the A.G.A. Release ordered on a personal bond and two sureties each in the like amount, with conditions against tampering with evidence, intimidating prosecution witnesses and requiring appearance on trial dates; breach to be grounds for cancellation. Observations in the bail order expressly barred from influencing the trial Judge's independent assessment of witness testimony; no opinion expressed on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 20071 of 2025

Geeta Kumari

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

Counsel for Applicant(s)	: Akhilendra Yadav
Counsel for Opposite Party(s)	: G.A.
Court No.- 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Akhilendra Yadav, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and perused the record.

Applicant seeks bail in Case Crime No. 556 of 2024, under Sections 8/20 of NDPS Act, Police Station - Ajeetmal, District - Auraiya, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person, Puneeta, has already been enlarged on bail by coordinate Bench of this Court vide order dated 23.06.2025 passed in Criminal Misc. Bail Application No. 19976 of 2025. It is further submitted that since the case of the applicant is at par to the co-accused, who has already been enlarged on bail, she is also entitled to be enlarged on bail on the ground of parity.

Learned counsel has also stated that the applicant is languishing in jail since 15.12.2024, having no criminal history. In case, the applicant is released on bail, she will not misuse the liberty of bail and shall cooperate with trial.

The prayer for bail has been vehemently opposed by learned A.G.A.. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by him.

Considering the facts and circumstances of the case, submissions made by

BAIL No. 20071 of 2025

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learned counsel for the parties, evidence on record, pending trial and also considering the bail order of co-accused, without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail. The bail application is allowed on the ground of parity.

Let the applicant- Geeta Kumari , who is involved in aforementioned case crime be released on bail on her 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 will not tamper with the evidence during trial.

ii) The applicant will not pressurise/intimidate with the prosecution witnesses.

iii) The applicant will 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 25, 2025

sailesh

(Krishan Pahal,J.)

Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad