Neutral Citation No. - 2025:AHC-LKO:47967 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1031 of 2025 Applicant :- Avadhram Opposite Party :- Union Of India Thru. Deputy Narcotics Commissioner Central Bureau Of Narcotics Office Lko. Counsel for Applicant :- Harendra Singh,Satish Kumar Sharma Counsel for Opposite Party :- S M Singh Royekwar Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Harendra Singh, learned counsel for the applicant as well as Sri S.M. Singh Royekwar, learned counsel appearing on behalf of Central Bureau of Narcotics and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 01/2025/C.B.N./LKO, under Sections 8, 20(B), 29 of Narcotics and Psychotropic Substances Act, 1985, Police Station C.B.N. Lucknow, District Lucknow. 3. The aforesaid case has been registered on the basis of a recovery of 3.750 kg. ganja from the house of co-accused Abhishek Mishra, Advocate. In his custodial statement, Abhishek Mishra stated that he used to procure ganja from several traders, including the applicant. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and she has no criminal history. 5. Learned counsel for the Central Bureau of Narcotics has opposed the anticipatory bail application and he has submitted that a notice dated 20.06.2025 was issued to the petitioner under Section 67 of the NDPS Act but he did not appear to record his statement in response to the notice. He has submitted that the applicant has not cooperated in the investigation. He has further submitted that another notice was served on 05.08.2025 but still the applicant has not appeared before the authorities to record his statement. This conduct of the applicant shows that he is not cooperating with the investigation. As the applicant is not cooperating with the investigation, this conduct disentitles him for claiming anticipatory bail. 6. In response to the aforesaid submission, the learned counsel for the applicant has submitted that the applicant had challenged the validity of the notice dated 30.06.2025 by filing Criminal Misc. Writ Petition No. 6120 of 2025 which was disposed of by means of an order dated 14.07.2025 permitting the petitioner to appear before the authority concerned within a period of one week. He has submitted that the petitioner had apprehension of being arrested upon his appearance in furtherance of the notice and, therefore, on 17.06.2025 he filed an application for anticipatory bail before the Session Court and after rejection whereof, he has approached this Court. 7. Learned counsel for the applicant has further submitted that the applicant is willing to cooperate with the investigation provided he is granted protection from arrest. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been made an accused merely on the basis of custodial statement of co-accused person and that he has no criminal history, 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 applicant is allowed. In the event of arrest/ appearance of applicant-Avadhram 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 themselves 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. Order Date :- 14.8.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench