BAIL/14254/2026 of WAQEEL Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14254 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Ansar Haider Rizvi, learned counsel for the applicant, Sri B.P. Maurya, learned AGA for the State-respondents and perused the record. 2. 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 No. 20 of 2026 under Section 8/20 NDPS Act, registered at Police Station Gulawati, District Bulandshahar during pendency of the trial. 3. It has been argued by learned counsel for the applicant that co-accused Shahid, Subhash Chand, Farjana and Pappu have already been granted bail by this Court as well as by Co-ordinate Bench of this Court vide orders dated 10.4.2026, 20.3.2026, 01.4.2026 and 18.3.2026 passed in Crl. Misc. Bail Application Nos. 7942 of 2026, 9513 of 2026, 8164 of 2026 and 9143 of 2026 respectively. It is further submitted that as per the FIR, 50 kg of ganja is said to have been recovered from a vehicle in which five co-accused persons namely Shahid, Subhash Chand, Farjana, Pappu and Nikita were found travelling. It is further submitted that name of the applicant has surfaced in the confessional statements of arrested co-accused persons on the basis of which, he was arrested along with 10.3 kg of ganja which was recovered from his possession. It is further submitted that a separate case has been registered against the applicant and he is on bail in the said case. It is further submitted that applicant is languishing in jail since 17.1.2026 and he undertakes that he will not misuse the liberty, if granted. 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. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and submits that he has not explained criminal history of three cases relating to offence under sections, 379/411 IPC, 380/411 IPC and Arms Act.  5. Five accused persons namely Shahid, Subhash Chand, Farjana, Pappu and Nikita were found travelling in a vehicle from which, 50 kg of ganja is said to have been Versus Counsel for Applicant(s) : Ansar Haider Rizvi, Raza Hasnain Counsel for Opposite Party(s) : G.A. Waqeel .....Applicant(s) State of U.P. .....Opposite Party(s) recovered. Name of the applicant has surfaced in the confessional statements of arrested co-accused persons and he is languishing in jail since 17.1.2026 6. Upon considering the totality of facts, nature and evidence reflected from record, 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 Toofan Singh vs. State of Tamil Nadu, 2021 (4) SCC 1 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.   7. Let the applicant Waqeel 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 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.  8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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 6, 2026 Madhurima BAIL No. 14254 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad