Abjal Alias Wajeer vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

Abjal Alias Wajeer vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted to Abjal Alias Wajeer in Case Crime No. 308 of 2025 on executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (1) not tampering with evidence; (2) not indulging in criminal activity; (3) not pressurizing/intimidating prosecution witnesses and cooperating in trial; (4) regular appearance on every date fixed by the trial court unless exempted through counsel by the court concerned; breach entitles the court below to cancel bail.

Issue for consideration

Whether accused-applicant Abjal Alias Wajeer should be enlarged on bail in Case Crime No. 308 of 2025 (Sections 21/22 NDPS Act, 1985; Sections 190, 191(2), 191(3), 109 BNS, 2023; Sections 3/5/8 Prevention of Cow Slaughter Act), Police Station Patiyali, District Kasganj.

Court's answer

On a consideration of the facts and circumstances, nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima facie case, a case for bail is made out, without commenting on the merit of the case.

Ratio / Principle

The bail application is allowed; the accused-applicant is to be released on bail on executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to conditions.

Key takeaways

In the event of breach of the bail conditions (no tampering with evidence, no criminal activity, no pressurising/intimidating prosecution witnesses and cooperation in trial, regular appearance on dates fixed by the trial court), the court below is at liberty to proceed to cancel the bail.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 68), Ashutosh Srivastava, J.; decided December 16, 2025. Bail application under Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 by Abjal Alias Wajeer seeking enlargement in Case Crime No. 308 of 2025, Police Station Patiyali, District Kasganj, under Sections 21/22, Narcotic Drugs and Psychotorpic Substances Act, 1985, Sections 190, 191(2), 191(3), 109, Bharatiya Nyaya Sanhita, 2023, and Sections 3/5/8, Prevention of Cow Slaughter Act. Applicant in custody since 26.07.2025 with two criminal antecedents; counsel sought parity with co-accused Shah Alam @ Shahive Alam, already enlarged on bail on 04.11.2025 in Bail Application No. 34481 of 2025; learned AGA opposed but acknowledged the co-accused's bail. Holding that, considering the accusations, severity of punishment, supporting evidence, apprehension of tampering and prima facie case, and expressly without commenting on merits, a case for bail was made out: bail allowed on personal bond and two reliable sureties each in like amount, with four conduct and appearance conditions; breach empowers the court below to cancel bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 40501 of 2025

Abjal Alias Wajeer

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Anil Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Anil Kumar, learned counsel for the applicant, Shri Ajay Singh, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Abjal Alias Wajeer, seeking enlargement on bail in Case Crime No. 308 of 2025, under Sections 21/22 of Narcotic Drugs and Psychotorpic Substances Act, 1985, Sections 190, 191(2), 191(3), 109 of the Bharatiya Nyaya Sanhita, 2023 and Section 3/5/8 of Prevention of Cow Slaughter Act, Police Station- Patiyali, District- Kasganj.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 26.07.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused, Shah Alam @ Shahive Alam has already been enlarged on bail by this Court on 04.11.2025 in Criminal Misc. Bail Application No. 34481 of 2025, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. The applicant has criminal antecedent of two cases and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co-accused has already been granted bail by this Court.

BAIL No. 40501 of 2025

2

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Abjal Alias Wajeer , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

December 16, 2025 Anjali

(Ashutosh Srivastava,J.)

Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad