Mohammad Faizan vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

Mohammad Faizan 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 Mohammad Faizan 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 issuance of the release order, subject to conditions (no tampering with evidence; no pressurising/intimidating prosecution witnesses; appearance before trial court on dates fixed), breach of any condition being a ground for cancellation of bail.

Issue for consideration

Whether applicant Mohammad Faizan, implicated in Case Crime No. 14 of 2024 under Sections 8/21/29/27A of the NDPS Act (P.S. Hathinala, Dist. Sonbhadra) with trial pending, is entitled to release on bail, particularly on the ground of parity with similarly placed co-accused Ajit Kumar who had already been enlarged on bail.

Court's answer

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

Ratio / Principle

Release was directed 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 the release order, subject to conditions: (i) no tampering with evidence during trial; (ii) no pressurising/intimidating prosecution witnesses; (iii) appearance before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail.

Key takeaways

It was 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.obiter¶25

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Krishan Pahal, J., decision dated October 6, 2025 - Criminal Misc. Bail Application No. 32532 of 2025: bail granted on parity. Applicant Mohammad Faizan, in jail since 12.08.2025 in respect of Case Crime No. 14 of 2024 under Sections 8/21/29/27A of the NDPS Act, Police Station Hathinala, District Sonbhadra, trial pending. Learned Senior Counsel urged parity with co-accused Ajit Kumar, already enlarged on bail vide order dated 7.5.2024 in Criminal Misc. Bail Application No. 17609 of 2024, and pleaded absence of previous criminal history save a case u/s 25 Arms Act said to have been foisted at the time of arrest; the State Law Officer did not dispute these factual aspects. The Court allowed the application on the ground of parity without expressing any opinion on the merits, ordering release on a personal bond and two sureties each in the like amount (sureties to be verified), subject to conditions against tampering with evidence and pressurising/intimidating prosecution witnesses and requiring attendance before the trial court on fixed dates, breach being a ground for cancellation; observations in the bail order were stated not to affect the trial Judge's independent opinion.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32532 of 2025

Mohammad Faizan

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

Counsel for Applicant(s)	: Abhishek Kumar Mishra, Chandrakesh Mishra, Sr. Advocate
Counsel for Opposite Party(s)	: G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Daya Shankar Mishra, learned Senior Counsel assisted by Sri Chandrakesh Mishra, learned counsel for the applicant and Sri Yogesh Mishra, learned State Law Officer and perused the record.

Applicant seeks bail in Case Crime No. 14 of 2024, under Sections 8/21/29/27A of NDPS Act, Police Station - Hathinala, District - Sonbhadra, during the pendency of trial.

It is submitted by learned Senior Counsel for the applicant that similarly placed co-accused person, Ajit Kumar, has already been enlarged on bail by this Court vide order dated 7.5.2024 passed in Criminal Misc. Bail Application No. 17609 of 2024. 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, he is also entitled to be enlarged on bail on the ground of parity.

Learned Senior Counsel has also stated that there is no previous criminal history of the applicant except a case u/s 25 of Arms Act foisted at the time of arrest in the instant case. The applicant is languishing in jail since 12.08.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

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

BAIL No. 32532 of 2025

2

by him.

Considering the facts and circumstances of the case, submissions made by 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- Mohammad Faizan , 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 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.

October 6, 2025 Siddhant

(Krishan Pahal,J.)

Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad