Neutral Citation No. - 2025:AHC:13351 Court No. - 65 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 683 of 2025 Applicant :- Sandeep Saroha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Garg,Yash Garg Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Yash Garg, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. The present anticipatory bail application has been filed on behalf of the applicant in Sessions Case No.1639 of 2022, under Sections 18(a)(i), 16, 18(b), 18-B, 18(a)(vi), 18(c), 18A r/w 16, 17(b), 17A(f) punishable under Sections 27(b)(i), 27(d), 28A, 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940, Police Station Civil Lines, District Aligarh, with a prayer to enlarge him on anticipatory bail. 4. As per prosecution story, the applicant is stated to have given the medicines, namely, Amoxycillin & Potassium Clavulanate Tablets IP (Santoclav 625), which is later on found fake. He is stated to have taken the said medicines from a dealer and provide it to the owner of the medical store. 5. Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has apprehension of his arrest. He has nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that the complaint case has been filed on the basis of suspicion only. The said case is triable by magistrate. 6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further submitted that the applicant has no criminal history. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial. 7. On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant. 8. Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case. 9. Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed. 10. In the event of arrest of the applicant,Sandeep Saroha involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- i. that the applicant shall make himself available for interrogation by a police officer as and when required; ii. that 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 or to any police officer or tamper with the evidence; iii. that the applicant shall not leave India without previous permission of the court; iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 11. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant. 12. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 27.1.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad