Sanjay Yadav v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33975 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J.

¶1Heard Sri Akhilesh Singh, Senior Advocate assisted by Sri Ajay Yadav, learned counsel for the applicant, Sri Nitesh Kumar Srivastava, learned A.G.A. for the State and perused the record.

¶2Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.416 of 2025, under Sections 8/21/29 of N.D.P.S. Act and Section 319(2), 318(4), 338, 336(3), 340(2), 61(2) of B.N.S., Police Station -Chunar, District-Mirzapur.

¶3Counsel for the applicant submitted that the applicant was not named in the FIR wherein allegation has been made that one DCM No. MH 14 HG 0083 was intercepted by the police while it was transporting bags of paddy straw, and on checking, the bags bottles of Onerex 100 ml cough syrup manufactured by Wingsbiotech LLP were found concealed inside the paddy straw. A total of 8300 bottles (each 100ml) of cough syrup were recovered from the DCM vehicle in question. It is further submitted that on the spot Khalasi of the DCM, Sunil Kumar Vairagi was arrested, while its driver/owner Sahil Khan, who was also driving the DCM escaped from the spot.

¶4Learned counsel for the applicant has submitted that the applicant has been falsely implicated merely because DCM No. MH 14 HG 0083 was booked through his transport service namely Shree Shyam Raod Lines, Kanpur though the applicant is not concerned with the actual luggage which is to be transported as owner of the DCM himself driving the DCM, Versus Counsel for Applicant(s) : Abhishek Yadav, Ajay Yadav, Santosh Kumar Jaiswal, Sr. Advocate Counsel for Opposite Party(s) : G.A. Sanjay Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) therefore, there is no material regarding involvement of applicant in illegal transportation of Onerex codeine based cough syrup. It is further submitted that Khalasi of the DCM Sunil Kmar Vairagi has been released on bail by this Court in Criminal Misc. Bail Application No.39018 of 2025 vide order dated 01.09.2026. Therefore, the applicant is entitled to be released on bail. It is lastly submitted that the charge sheet has been filed, therefore, there is no requirement for custodial interrogation.The applicant has no criminal history and and he is languishing in jail since 13.06.2026.

¶5Learned AGA for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

¶6Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC Online SC 3038 as well as guideline of this Court in the case of Maya Tiwari vs State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the present application is allowed. .

¶7Let the applicant-Sanjay Yadav involved in the aforementioned 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, 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 cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond BAIL No. 33975 of 2026 executed by him.

¶8In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶9Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶10Verification of mobile number as well as Aadhaar Card of the applicant and sureties should also be conducted by the court concerned.

¶11It is made clear that the applicant shall be released on the basis of downloaded copy of this order 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.

¶12It is 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.

¶13Office is directed to send a copy of this order to the applicant through Mirzapur Jail Superintendent via e-mail or e-prison portal and Trial Court via e-mode within 24 hours in compliance of the orders of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 as well as in the case of Pila Pahan @ Peela Pahan and others vs State of Jharkhand and another, in Writ Petition (Criminal) No.169 of 2025 decided on 29.05.2026.

¶14Application, if any, stands disposed of. October 1, 2026 A.Kr. BAIL No. 33975 of 2026 (Arun Kumar Singh Deshwal,J.) High Court of Judicature at Allahabad