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2025 DAILYLAW 24817 (ALL)

ROHAN SRIVASTAVA v. STATE OF U.P.

NABAIL/1878/2025 · 2025-05-12

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78373 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1878 of 2025 Applicant :- Rohan Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Srivastava,Shailja Kant Dubey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri V.P.Tripathi, learned AGA for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Sessions Trial No. 429 of 2023, arising out of Case Crime No. 61 of 2023, under Sections 419, 420, 467, 468, 471, 274, 275, 276 IPC and Section 18B, 27 of Drugs and Cosmetics Act, Police Station Sigra, District Varanasi. 3. Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by the co-accused Ashok Kumar in police custody. The said statement, insofar as it implicates the applicant, is unreliable. The applicant has a licence to sell drugs. The licence has been issued in the name of M/s Neromed Pharmaceuticals Pvt. Ltd. . At this stage, there is no credible evidence against the applicant. Identically placed co-accused Abhishek Singh, Niraj Chaubey @ Niraj Kumar Chaubey, Dr. Monu @ Vineet Kumar Chaubey and Shashank Mishra have been granted anticipatory bail by the co- ordinate Bench of this Court vide orders dated 09.08.2023, 03.07.2023, 06.07.2023 and 12.10.2023 passed in Criminal Misc. Anticipatory Bail Application Nos. 8326 of 2023, 7115 of 2023, 5862 of 2023 and 10974 of 2023 respectively. Investigation has been completed against the applicant. Charge sheet has been submitted. The applicant had co-operated in the investigation. 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 released on anticipatory bail till conclusion of trial, he will not misuse the said liberty. 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 by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the applicant was not named in the first information report, the name of the applicant was disclosed by the co-accused Ashok Kumar in police custody, identically placed co-accused Abhishek Singh, Niraj Chaubey @ Niraj Kumar Chaubey, Dr. Monu @ Vineet Kumar Chaubey and Shashank Mishra have been granted anticipatory bail by the co-ordinate Bench of this Court, at this stage, there is no substantive evidence against the applicant, charge sheet has been submitted, the applicant had co-operated in the investigation, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Rohan Srivastava, 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. Order Date :- 13.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad