HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3111 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant and Sri N.K. Sharma, learned AGA for the State. Perused the material placed on record. 2. The applicant was granted interim anticipatory bail vide order dated 30.4.2025 passed by this Court. The order is quoted herein below:- "1. Heard Sri Shivendra Raj Singhal, counsel for the applicant; Sri P. K. Tripathi, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Complaint Case No. 2796 of 2024, under Sections 18(a)(i), 18(a)(vi), 18A, 24, 27(c), 27(d), 22(3), 28 of Drugs and Cosmetics Act, 1940, Police Station Kotwali Nagar, District Saharanpur. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. Applicant has a valid licence to sell and purchase drugs. The alleged Ibugesic Plus Suspension was purchased by the firm of the applicant from M/s Cipla Ltd. Ghaziabad on 29.10.2022. The tax invoice is annexed as Annexure-5 to the bail application. The applicant is not responsible for the alleged drugs being classified as substandard. The responsibility of manufacturing of the alleged drugs lies with co- accused M/s Mistair Health & Hygiene Pvt. Ltd. Factory at plot no.03, MIDC, Shiroli, Kolhapur, Maharashtra. It is next contended that the complaint has been filed directly before the Sessions Judge concerned. The concerned Judge was authorized to take cognizance, only when the case was committed to the said court. In support of the submission counsel for the applicant has placed reliance on the judgment dated 16.03.2023 passed by this Court in Application u/s 482 No.2394 of 2023 (M/s Corona Pharmaceuticals Pvt. Ltd and another vs. State of U.P. and another). It is further contended that at this stage there is no credible evidence to link the applicant with the offence. 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 Versus Counsel for Applicant(s) : Rishika Raj Singhal, Shivendra Raj Singhal Counsel for Opposite Party(s) : G.A. Anuj Mittal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) bail, he will not misuse the said liberty. 4. Matter requires consideration. 5. Issue notice to opposite party no.2 returnable at an early date. 6. Learned AGA is granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter. 7. Place this case in the additional cause on 02.07.2025. 8. Till the next date of listing, in the event of arrest, the applicant Anuj Mittal shall be released on interim anticipatory bail in aforesaid case on his 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 and every day 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 him 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. 9. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. " 3. Counsel for the applicant submits that pursuant to the order dated 30.4.2025, the applicant had furnished bail bonds before the court concerned and is appearing before the court concerned on the dates fixed. The applicant has not violated or misused the liberty of interim bail. The applicant has no criminal antecedents. In case, the applicant is granted anticipatory bail, till the conclusion of trial, he will not misuse the said liberty. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions as recorded in the interim order dated 30.4.2025, considering the nature of accusations, antecedents of the applicant and the fact that the applicant is appearing before the court concerned on the dates fixed, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by the learned AGA, without commenting on merits of the case, I am of the opinion that the NABAIL No. 3111 of 2025 2 applicant is entitled for anticipatory bail. 6. In the event of arrest, the applicant Anuj Mittal, involved in Complaint Case No. 2796 of 2024, under Sections 18(a)(i), 18(a)(vi), 18A, 24, 27(c), 27(d), 22(3), 28 of Drugs and Cosmetics Act, 1940, Police Station Kotwali Nagar, District Saharanpur be released on anticipatory bail during pendency of trial, on furnishing a fresh 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 him 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. September 22, 2025 S.S. NABAIL No. 3111 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad