SAGAR RASTOGI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 2 OTHERS
NABAIL/16/2025 · 2025-01-22
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115211 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115211 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:4280 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 16 of 2025 Applicant :- Sagar Rastogi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others Counsel for Applicant :- Satya Prakash Mishra,Brijesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0468 of 2024, under sections 22/29 of the N.D.P.S. Act, 1985, Police Station-Special Cell, District- Delhi. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the applicant had never supplied the contraband substance i.e. 'Tramadol Tablets' and he has also referred the invoices. He next added that the applicant is not named in the first information report and even the Investigating OfÏcer has failed to connect him while collecting any cogent piece of evidence. He also added that the applicant is a wholesale drug distributor and he had never supplied the drugs,which is said to be recovered from the possession of one, Vipin Mishra at the house of Vipin Pandey and the applicant is a law abiding citizen and he is always ready to cooperate in the investigation proceedings. Further submission that there is there is an acute apprehension that the police will arrest the applicant and as such, he may be enlarged on
anticipatory bail. Per contra, learned counsel appearing for the State has opposed the contentions aforesaid and submits on the basis of instructions that three invoices were generated, one in the name of 'Laxmi Pharma', second in the name of 'Sonakshi Surgical' and third in the name of 'M.S. Urises and Satya Medicos' and those invoices were found forged. He added that the applicant is intercepted on some conversation calls in between the accused persons and there are ample evidences against him. He further submits that if the applicant is enlarged on anticipatory bail,he would tamper the evidences and as such, submission is that he is not entitled for any relief.
Considering the submissions of learned counsel for the parties and after perusal of the records, it transpires that the applicant was intercepted while indulging in conversation with other co-accused persons and further it has been stated that there are ample evidences against the applicant and the matter pertains to the N.D.P.S. Act,, which affects the society at large. Considering the complicity of the accused- applicant and looking into the gravity of nature of offence, this court does not find any good ground to intervene in this matter. The anticipatory bail application of the applicant, Sagar Rastogi, is hereby rejected. Order Date :- 22.1.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench