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2025 DAILYLAW 80236 (ALL)

MITHILESH PATEL v. STATE OF U.P. AND ANOTHER

NABAIL/6059/2025 · 2025-08-17

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:140659 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6059 of 2025 Applicant :- Mithilesh Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Pursuant to the earlier order dated 6.8.2025, Sri Santosh Kumar (S.I.), investigating officer, Police Station Saiyadraja, District Chandauli, is present in court along with case diary. 2. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 3. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.118 of 2025, under sections 318, 319 B.N.S. and 18A, 18(c), 27(b)(ii), 28 Drugs and Cosmetics Act, 1940, P.S. Saiyadraja, District Chandauli. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. False recovery of Onerex Codeine Phosphate Triprolidiene Hydrochloride Syrup has been shown from the Alto car bearing registration no. MP17CD3410. There is no independent witness to the alleged recovery. The applicant is the owner of the said vehicle. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that there is no independent witness to the alleged recovery, at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant Mithilesh Patel be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 193(3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 12. The application stands disposed of. Order Date :- 18.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad