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2025 DAILYLAW 192811 (ALL)

JITENDRA KUMAR MAURYA v. STATE OF U.P. AND ANOTHER

NABAIL/8548/2025 · 2025-10-16

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8548 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 186 of 2025 under Sections 8/20 of Narcotics Drugs and Psychotropic Substances Act, Police Station Alinagar, District Chandauli. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The name of the applicant was disclosed by the co-accused Rambharose Yadav and Vijay Kumar in Police custody. The said statements, insofar as, they implicate the applicant are unreliable. False recovery of 5.200 kg Ganja has been shown. There is no independent witness to the alleged recovery. The seized contraband is below commercial quantity. The mandatory provisions of Sections 42, 50, 51 and 52A of N.D.P.S. Act have not been complied with. Investigation has been completed. During the course of investigation, the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 31.7.2025 passed in Criminal Misc. Anticipatory Bail Application No.6081 of 2025. The applicant had cooperated in the investigation. Charge- sheet has been filed. The applicant has been summoned by the concerned Court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. Versus Counsel for Applicant(s) : Ravish Chandra Srivastava, Vijay Kumar Ojha Counsel for Opposite Party(s) : G.A. Jitendra Kumar Maurya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the fact that the name of the applicant was disclosed by the co-accused Rambharose Yadav and Vijay Kumar in Police custody; there is no independent witness to the alleged recovery; the seized contraband is below commercial quantity; the mandatory provisions of N.D.P.S. Act have not been complied with; investigation has been completed; during the course of investigation, the applicant was granted anticipatory bail till submission of police report; the applicant had cooperated in the investigation; charge sheet has been filed; the applicant has been summoned by the concerned court, no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 6. In the event of arrest, the applicant Jitendra Kumar Maurya, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. October 17, 2025 Manish Kr NABAIL No. 8548 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad