HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1104 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Supplementary affidavit has been filed by the learned counsel for the applicant,which is taken on record. 2. Heard Sri Ravi Shankar Mishra, the learned counsel for the applicant as well as Sri Manish Vikram Singh Chauhan, the learned A.G.A. appearing on behalf of the State and perused the records. 3. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.606 of 2024, under Sections 8/21 of Narcotic Drugs and Psychotropic Substance Act, registered at Police Station Antu, District Pratapgarh. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.11.2024 against four persons, including the applicant, stating that on the basis of information received from a mukhbir, the other three named accused persons were arrested by the police and it is alleged that one person escaped. All the accused persons were found carrying 6gms, 5gms and 3gms of smack. In their custodial statement, they stated that other accused person, who had escaped was the applicant. 5. In the affidavit filed in support of the anticipatory bail application it has been contended that the applicant is an innocent person and he has been falsely implicated in the present case. 6. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in two other case, in one of the case, the Investigating Officer has submitted a closure report and in the other case, the applicant has not receive any summon/notice. 7.The learned A.G.A has opposed the anticipatory bail application and he has submitted that the investigation in the present case is still going on. Versus Counsel for Applicant(s) : Ravi Shankar Mishra Counsel for Opposite Party(s) : G.A. Kamta Nath Tiwari @ Dabbu Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case solely on the basis of custodial statement of three co-accused persons, who were found carrying 6gms, 5gms and 3gms smack and besides custodial statement of the co-accused persons, there is no other material to implicate the applicant in the present case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Kamta Nath Tiwari @ Dabbu Tiwari before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his 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. August 29, 2025 Preeti. NABAIL No. 1104 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench