FARZAN ALI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME AND ANOTHER
ABAIL/875/2025 · 2025-08-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156491 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156491 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46436 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 875 of 2025 Applicant :- Farzan Ali Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home And Another Counsel for Applicant :- Somesh Tripathi,Sriniwas Bajpai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Sriniwas Bajpai, the learned counsel appearing on behalf of the applicant as well as Sri Diwakar Singh, the learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.214 of 2021 under Sections 17A, 18A, 18C/27, 28 of The Drugs and Cosmetics Act, 1940 registered at Police Station- Thakurganj, District- Lucknow. 3. The aforesaid case has been registered on the basis of a complaint lodged by a Drug Inspector against three persons, including the applicant, stating that upon inspection made by a team of officials of Drugs and Cosmetics Department in a private Hospital, the applicant was found present in the medicine shop and several misbranded drugs were found in the medicine shop. 4. The other two co-accused persons are the proprietor and Manager of the Hospital/Medical Store. 5. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is innocent having no criminal history and he has been falsely been implicated in the present case. 6. Learned counsel for the applicant has submitted that the applicant is neither the owner nor manager nor pharmacist and he was merely visiting the medical shop. The officials asked his name and implicated him as an accused. He has submitted that the applicant has not been arrested during investigation and he has not received summons till date. The applicant has given an undertaking to co-operate in the proceedings of trial. 7. The learned A.G.A. has opposed the prayer for anticipatory bail and he has submitted that the offence in question is a heinous offence as several misbranded drugs were found in the shop. However, he could not point out a specific role of the applicant in running the shop. 8. Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is entitled to be granted anticipatory bail. 9. In view of the above, the anticipatory bail application of the applicants is allowed.
In the event of arrest/ appearance of applicant- Farzan Ali before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.)
Order Date :- 8.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench