HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1107 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Nagendra Mohan, learned counsel appearing on behalf of the applicant as well as Shri Ashok Kumar Srivastava, 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.121 of 2025, under Sections 8/20/29/60 of N.D.P.S. Act, registered at Police Station- Unchahar, District- Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub-Inspector of Police on 28.03.2025 against four persons, including the applicant, stating that upon an information received from a Mukhbir, two co- accused persons Pankja Singh and Ankit Singh were apprehended. One packet kept in the dikki of the motorcycle containing Ganja were recovered from those persons and 69 packets packed in four sacks were recovered from amongst some bushes on their pointing out. The sacks mentioned 8.900 kg, 22.870 kg, 19.400 kg and 9.400 kg. The packet recovered from the motorcycle weighed 1.070 kg. Thus, the total weight of recovered Ganja was 71.640 kg. The F.I.R. states that all the packets were emptied on a tarpaulin and a homogeneous mixture was prepared and thereafter, the substance was again packed in the sacks. The persons arrested stated that the Ganja belonged to the applicant and the other named co-accused person Ravi Singh. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent and he has been falsely been Versus Counsel for Applicant(s) : Nagendra Mohan, Salil Mohan Counsel for Opposite Party(s) : G.A. Dharmendra Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) implicated in the present case. The applicant's involvement in one other criminal case has been disclosed in para 24 of the affidavit in which the applicant has not received any summon. 5. The State has alleged involvement of the applicant in another criminal case bearing Case Crime No.55 of 2016 but the applicant has stated that he is not involved in that case. 6. The learned A.G.A. has opposed the prayer for anticipatory bail and he has submitted that the total weight of recovered Ganja was 71.640 kg which belongs to the applicant and the allegations have been established during the investigation and a charge sheet has been submitted on 13.04.2025. 7. Having considered the aforesaid facts and circumstances of the case keeping in view the fact that the applicant has been implicated solely on the basis of custodial statements of co-accused persons; that as per the F.I.R. allegations, the substance recovered was kept in 70 packets and the packets did not contain any marking indicating that their contents were similar and equal yet the police has prepared a homogeneous mixture of the contents of all the packets before samples could be drawn from all the packets and that the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on 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, NABAIL No. 1107 of 2025 2 unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. August 27, 2025 S. Shivhare NABAIL No. 1107 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench