HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7459 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Ms. Alpana Singh, Advocate, holding brief of Sri M.K. Kashyap, learned counsel for the applicant and Sri B.P. Maurya, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 172 of 2025 under Sections 8/20/29/60 NDPS Act, Police Station Manjhanpur, District Kaushambi with the prayer that in the event of arrest, the applicant may be released on bail. 3. It has been contended by learned counsel for the applicant that the applicant is not named in the FIR and he has been falsely implicated in the present case. It is further submitted that nothing incriminating has been recovered from the possession of the applicant and his name has surfaced in the confessional statement of co-accused Sonu Maurya. It is also submitted that applicant is a student of B.Pharma and he is having clean antecedents. It was also submitted that applicant undertakes to co- operate during trial and he would appear as and when required by the investigating agency or Court and in case he is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of anticipatory bail, however, he does not dispute that applicant is not named Versus Counsel for Applicant(s) : Manish Kumar Kashyap, V.P. Singh Kashyap Counsel for Opposite Party(s) : G.A. Akash .....Applicant(s) State Of Up Thru Its Principal Secratary Home .....Opposite Party(s) in the FIR and nothing incriminating has been recovered from his possession. 5. I have considered the rival submissions made by learned counsel for the parties. 6. The FIR has been lodged against four named persons. The applicant is not named in the FIR and his name has surfaced in the confessional statement of co-accused Sonu Maurya. Nothing incriminating has been recovered from the possession of the applicant. 7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of accused has also to be taken into consideration. 8. Considering the facts and circumstances of the instant case and taking note of section 37 of N.D.P.S. Act, settled principle of law regarding anticipatory bail, submissions of learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant Akash involved in the aforesaid case crime, he shall be released on anticipatory bail till submission of police report under section 193 (3) BNSS 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 not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicant shall not directly or indirectly, make any inducement, NABAIL No. 7459 of 2025 2 threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. October 10, 2025 Madhurima NABAIL No. 7459 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad