Neutral Citation No. - 2025:AHC-LKO:40643 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 851 of 2025 Applicant :- Bhagwati @ Aantankwadi @ Bhagwati Prasad Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anil Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1. In view of order being passed, notice opposite party no.2 stands dispensed with. 2. Heard learned counsel for applicant and learned AGA appearing on behalf of State. 3. This first anticipatory bail application has been filed with regard to Case Crime No.45 of 2025 under Sections 8/20 (b) (2b), 27(a), 29, & 60(3) N.D.P.S. Act, Police Station Deeh, District Rrebareli. 4. As per contents of First Information Report, incident is said to have taken place on 01.03.2025 when a police team is said to have apprehended a vehicle bearing Registration No. U.P. 42 BC 2078 during course of routine checking and apprehended four persons traveling with 7.75 kg. illegal narcotics namely ganja. 5. It is submitted that applicant has been falsely implicated in allegations levelled against him under the aforesaid sections in view of the fact that he was neither apprehended from the spot nor was any recovery made from him and his name has been introduced only on the basis of alleged confessional statement of four persons, who were travelling in vehicle. It is submitted that previous criminal history of applicant has been explained and undertakes to co-operate in the investigation, which is still on going. He further claims parity with the bail order of co- accused Kamlesh Kumar who was enlarged on bail by a Co- ordinate Bench of this Court vide order dated 30.05.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.425 of 2025. 6. Learned AGA appearing on behalf of State has opposed bail application with the submission that name of applicant has clearly been introduced by the persons who are apprehended with the illegal narcotics. It is, however, admitted that investigation is still ongoing but applicant is not co-operating. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that applicant was neither apprehended from the spot nor is there any recovery from him and his name has been introduced only on the basis of alleged confessional statement of four persons who were apprehended from the spot. Previous criminal history of applicant has been explained and he undertakes to co-operate during investigation. The bail order of co-accused Kamlesh Kumar (supra). 8. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected till filing of police report in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)- 2020 SCC online SC 98. 9. In view of the above, it is provided that in the event of arrest, the applicant-Bhagwati @ Aantankwadi @ Bhagwati Prasad Mishra shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. 10. The application stands disposed of. Order Date :- 16.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench