Shivam Agarwal v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32285 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J.

¶1Heard Sri Susheel Shukla, learned Senior Advocate assisted by Sri Mujeeb Khan, 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.-91 of 2025, under Sections 318(4), 338, 336(3) & 340(2) of the Bharatiya Nagarik Sanhita

(BNS), 2023 and Sections 26 & 21(C) N.D.P.S. ACT, Police Station-Collectorganj, District-Kanpur Nagar.

¶3As per prosecution story, the applicant is partner in M/s Medicina Healthcare. An inspection was conducted by Drug Inspector on 20.06.2025, during which, it was found that the applicant, after purchasing medicines containing codeine, Tramadol and Alprazolam, sold to 19 medical firms though 12 firms verified the purchased from the applicant. However, 7 verification letters did not return back. On the basis of that, it was presumed that the applicant was involved in illegal sell of codeine based cough syrup as well as Alprazolam capsules.

¶4Learned counsel for the applicant submitted that in reply to the paragraph 26 of the accompanying affidavit, learned AGA has stated that most of the firms found to be in existence except few firms which were not working on the address mentioned on KYC. Therefore this cannot be a ground to implicate the applicant under NDPS Act as it is not in dispute that the applicant is license holder drugs dealer and during course of business, the applicant has supplied codeine based cough syrup as well as Alprazolam Versus Counsel for Applicant(s) : Aditya Gupta, Mujeeb Khan Counsel for Opposite Party(s) : G.A. Shivam Agarwal .....Applicant(s) State of U.P. .....Opposite Party(s) capsules. Therefore, the applicant has not committed any offence and he has been falsely implicated. It is lastly submitted that trial is going on. The applicant has explained the criminal history of one case in the accompanying affidavit and he is languishing in jail since 05.05.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

¶5On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact.

¶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-Shivam Agrawal 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 executed by him. BAIL No. 32285 of 2026

¶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 Kanpur 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 6, 2026 A.Kr. BAIL No. 32285 of 2026 (Arun Kumar Singh Deshwal,J.) High Court of Judicature at Allahabad