Dharmendra vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2026)

Dharmendra vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Bail granted to accused-applicant Dharmendra in Case Crime No. 112 of 2025 (Sections 8/20/29/60 NDPS Act, P.S. Farah, District Mathura) on execution of a personal bond and two reliable sureties each, to the satisfaction of the court concerned, subject to conditions of not tampering with evidence, not indulging in criminal activity, not pressurizing/intimidating prosecution witnesses, cooperating in the trial and regular appearance before the trial court; the court below is at liberty to cancel bail upon breach of any condition.

Issue for consideration

Whether the accused-applicant Dharmendra, arraigned under Sections 8/20/29/60 of the NDPS Act in Case Crime No. 112 of 2025 (alleged recovery of 140 kg ganja), should be enlarged on bail during pendency of trial.

Court's answer

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

Ratio / Principle

The bail application is allowed.

Key takeaways

The accused-applicant Dharmendra 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: no tampering with evidence; no indulgence in criminal activity; no pressurizing/intimidating prosecution witnesses and cooperation in trial; regular appearance on every date fixed by the trial court unless exemption is granted through counsel; and in the event of breach of any condition the court below is at liberty to cancel his bail.ratio¶18

Detailed headnote1 paragraphs

Bail granted — NDPS Act, Sections 8/20/29/60 — Case Crime No. 112 of 2025, P.S. Farah, District Mathura — alleged recovery of 140 kg ganja from joint possession of applicant and co-accused — charge-sheet filed — applicant in jail since 28.03.2025 — one prior criminal case explained in affidavit — application under Section 483 BNSS, 2023 — considering nature of accusations, severity of punishment, nature of supporting evidence, apprehension of witness tampering and prima facie case, but without commenting on merits, bail allowed on personal bond and two reliable sureties with conditions; breach entitles court below to cancel bail. (Ashutosh Srivastava, J.; decided January 8, 2026.)

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 18878 of 2025

Dharmendra

.....Applicant(s)

Versus

State of U.P.

	.....Opposite Party(s)
Counsel for Applicant(s)	: Awadhesh Kumar Mishra
Counsel for Opposite Party(s)	: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Awadhesh Kumar Mishra, learned counsel for the applicant, Shri Shashank Singh, Brief Holder, appearing for the State-respondent and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Dharmendra, seeking enlargement on bail in Case Crime No. 112 of 2025, under Sections 8/20/29/60 of NDPS Act, Police Station-Farah, District-Mathura, during pendency of trial.

Learned counsel for the applicant argued that the accused has been falsely implicated in the case wherein contraband 'ganja' measuring 140 kgs has been recovered from the joint possession of accused-applicant and other coaccused persons. The charge-sheet has been filed in the case. Criminal history of one case has been explained in the affidavit filed in support of bail application and the applicant is languishing in jail since 28.03.2025. 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 could not dispute the aforesaid facts.

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

BAIL No. 18878 of 2025

2

out.

Accordingly, the bail application is allowed .

Let the accused-applicant,Dharmendra, 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.

January 8, 2026

MN/-

(Ashutosh Srivastava,J.)

Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad