HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1648 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed by the applicant apprehending her arrest in F.I.R./Case Crime No.0165 of 2025, under Sections 8, 21, 23 of N.D.P.S. Act, registered at Police Station Palia, District Kheri. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case, it is alleged that, acting on secret information received by the informant regarding a woman standing near the Degree College on Patihan Road for selling brown sugar, the police reached the spot. Upon noticing the police, the applicant and the co-accused allegedly fled from the scene, while another accused, Kailash Kaur, was apprehended. During her personal search, three packets containing a total of 150 grams of brown sugar were recovered, and upon her pointing out, an additional six packets containing 300 grams of brown sugar were allegedly recovered. In her confessional statement, Kailash Kaur is stated to have named the applicant as her partner in the said activity. Submission of learned counsel for the applicant is that that the applicant, being a woman, has been falsely implicated in the present case and has no criminal antecedents. It is further contended that apart from the confessional statement of the co-accused recorded in police custody, there is no other material evidence against the applicant. Versus Counsel for Applicant(s) : Amit Kumar Awasthi Counsel for Opposite Party(s) : G.A. Smt. Basanti Gupta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) It has also been submitted that the applicant has assailed the FIR by filing Writ Petition No. 4122 of 2025, wherein the Division Bench of this Court, by order dated 21.05.2025, has stayed her arrest. The said order is placed on record as Annexure No. 2 to the bail application. Learned A.G.A. has opposed the anticipatory bail application. Considering the interim protection granted by the Division Bench vide order dated 21.05.2025, the absence of any recovery from the possession of the applicant, her clean antecedents, the fact that the charge sheet has already been filed, and the applicant has cooperated during the investigation and has undertaken to cooperate in the trial, this Court is of the considered view that the applicant deserves to be granted anticipatory bail, in light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to her continued cooperation in the trial. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of ten days from today. Upon her surrender, the trial court shall release her on anticipatory bail, subject to her furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; NABAIL No. 1648 of 2025 2 Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming her independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. November 6, 2025 R.C. NABAIL No. 1648 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench