BAIL/5172/2026 of VIJAYPAL Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5172 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. 1. The present case has been taken up out of turn under the category of mention cases. 2. Heard learned counsel for the applicant and learned AGA for the State- respondents and perused the record. 3. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime 785 of 2025 under Section 8/20 NDPS Act, registered at Police Station- Civil Line, District- Moradabad during pendency of the trial. 4. It has been argued by the learned counsel' for the applicant that applicant is innocent and he has been falsely implicated in this case and he has been languishing in jail since 9.10.2025. It is further submitted that 2.94 kg. of charas is said to have been recovered from the possession of the applicant and co-accused Hariom. It is further submitted that mandatory provisions of Sections 50 and 52-A of NDPS Act have not been complied with. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It is also submitted that co- accused Hariom has been released on bail by co-ordinate Bench of this Court vide order dated 4.5.2026 passed in Criminal Misc. Bail Application No. 14921 of 2026. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. Versus Counsel for Applicant(s) : Ved Prakash Mishra Counsel for Opposite Party(s) : G.A. Vijaypal .....Applicant(s) State of U.P. .....Opposite Party(s) 5. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant. 6. As per allegation in the FIR, 2.94 kg. of charas is said to have been recovered from a schoooty, in which the applicant and the co-accused were riding and the possession of the applicant and co-accused Vijay Pal and it is submitted by learned counsel for the applicant that mandatory provisions of Sections 52-A of NDPS Act have not been complied with. 7. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 37 of the NDPS Act and in view of the law laid down by Hon'ble Apex Court in Nadeem Ahmed vs. State of West Bengal, 2025 LawSuit (SC) 1134 (2025 INSC 993) and in view of the law laid down by Hon'ble Apex Court in Union of India vs. Shiv Shanker Kesari, 2007 (7) SCC 798 and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 8. Let the applicant-  Vijaypal involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/-with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses BAIL No. 5172 of 2026 2 are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. May 7, 2026 KK Patel BAIL No. 5172 of 2026 3 (Jai Prakash Tiwari,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad