BAIL/15231/2026 of SUNITA DEVI Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15231 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.27 of 2026, under Sections 8/18 N.D.P.S. Act, Police Station- Sahibabad, District- Ghaziabad.  3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant and the co-accused are said to have been arrested having in their possession opium. From the co- accused 1.228 kg. opium have been recovered and from the applicant 978 grams of opium said to have been recovered. Learned counsel for the applicant further contends that the similarly situated co-accused namely Sunil Kumar has been granted bail by this Court vide its orders dated 15.4.2026 passed in Criminal Misc. Bail Application No. - 8440 of 2026 and the case of the applicant stands on a similar footings. The applicant is in jail since 15.01.2026. It is further submitted that in case, the applicant is granted bail, she will not misuse the liberty of bail and will cooperate in the trial proceedings. 4. The Learned A.G.A. has opposed the prayer for grant of bail, however, could not dispute the fact that similarly situated co-accused has been granted bail by this Court. 5. I have considered the submissions made by the learned counsels for the parties and perused the record.  6. Taking into consideration the fact that the applicant is said to have been arrested with 978 grams of opium, which is much below the commercial quantity. Similarly situated co-accused Sunil Kumar has been granted bail this Court. The applicant is in jail since 15.1.2026 having no other criminal case to her credit, I deem it fit to enlarge the applicant on bail. 7. The bail application is allowed. 8. Let the accused-applicant- Sunita Devi, involved in above mentioned case crime number be released on bail, on her 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: i. The applicant will not tamper with the evidence. Versus Counsel for Applicant(s) : Jitendra Rana Counsel for Opposite Party(s) : G.A. Sunita Devi .....Applicant(s) State of U.P. .....Opposite Party(s) ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. 10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. May 6, 2026 Fahad BAIL No. 15231 of 2026 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad