Kaushar Vs State of U.P.

This bail application has been moved by the applicant seeking bail in Case Crime No. 426 of 2025, under Sections 8/21/29 of N.D.P.S. Act, police station Gangoh, district Saharanpur during he pendendcy of the trial.

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The learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. The police have arrested two persons, namely, Mubarik and Aas Mohammad @ Ashu @ Fauji, and recovered 35 gm of smack and 267 gm of smack from the possession of the co-accused. The above-mentioned two accused have been granted bail by the Coordinate Bench of this Court vide orders dated 1.12.2025 and 20.3.2026, passed in Criminal Misc. Bail Applications No. 41323 of 2025 and 3176 of 2026, respectively. Learned counsel for the applicant further contended that the name of the applicant has crept into the confessional statement of the co-accused mentioned above, and no recovery has been made from the possession or at the pointing out of the applicant.

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Learned AGA has opposed the prayer for bail and has contended that the applicant has a long criminal history of six

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BAIL No. 14655 of 2026

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cases, and the applicant has three other cases under the N.D.P.S. Act.

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Rejoining the issue, learned counsel for the applicant contends that the applicant is not a previous convict.

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I have considered the submissions made by learned counsel for the parties.

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The applicant has been implicated in the present case on the basis of confessional statements given by the co-accused. No recovery has been made from the possession or at the pointing out of the applicant. The applicant is said to be in jail since 8.3.2026. The applicant, although he has a criminal history, states that he is not a previous convict. He further submits that in the other cases under the N.D.P.S. Act, the applicant is not stated to be a previous convict.

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Taking into account the above-mentioned facts and circumstances of the case, I deem it appropriate to grant bail to the applicant.

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Accordingly, the bail application is allowed.

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Let the applicant Kaushar be released on bail in the aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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The applicant shall not tamper with the prosecution evidence; shall not pressurize or intimidate the prosecution witnesses; shall appear before the trial court on each and every date fixed, unless personal appearance is exempted

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He shall not indulge in any criminal activity during the pendency of the trial; and shall not misuse the liberty of bail in any manner whatsoever.

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In case of breach of any of the above conditions, the court

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BAIL No. 14655 of 2026

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concerned shall be at liberty to cancel the bail of the applicant.

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It is made clear that the observations made in this order are solely for the purposes of deciding this bail application and shall not be construed as an expression on the merits of the case.

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May 5, 2026 Sumaira

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(Rajiv Lochan Shukla,J.)

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Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad

Kaushar v. State of U.P.

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Kaushar v. State of U.P.

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