Izhaar v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20531 of 2026

Court No. - 68 (Sl. No.92 out of 98) HON'BLE KRISHAN PAHAL, J.

¶1List has been revised. Rejoinder affidavit filed by learned counsel for the applicant is taken on record.

¶2The counter affidavit filed by learned A.G.A. in Registry is not on record. The photocopy thereof has been provided by him and is taken on record.

¶3Heard Sri Sumit Goyal, learned counsel for the applicant, Sri A.K. Mishra, learned A.G.A. for the State and perused the material placed on record.

¶4Applicant seeks bail in Case Crime No. 171 of 2026, under Sections 8/21/29/60 NDPS Act, Police Station Jhinjaha, District Shamli, during the pendency of trial.

¶5Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. On the recovery memo, there is no signature of concerned Tehsildar before whom the said search was made, as the FIR does not indicate his signature, although it is true that signature of the Tehsildar is mandatory in the recovery memo u/s 50 of the NDPS Act, as such, complete exercise is sham.

¶6Learned counsel for the applicant has further argued that there is a criminal history of two cases assigned to the applicant, which stands Versus Counsel for Applicant(s) : Sumit Goyal Counsel for Opposite Party(s) : G.A. Izhaar .....Applicant(s) State of U.P. .....Opposite Party(s) explained. The applicant is languishing in jail since 24.4.2026 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Learned A.G.A. has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed.

¶8This Court is of the view that if a case for bail is otherwise made out, an accused cannot be kept incarcerated solely on account of his criminal antecedents. In the instant case, the criminal history assigned to the applicant has been properly explained.

¶9Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no signature of the concerned Tehsildar on the recovery memo, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶10Let the applicant-Izhaar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

¶11In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶12It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 14, 2026 Shalini BAIL No. 20531 of 2026 (Krishan Pahal,J.) High Court of Judicature at Allahabad