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2025 DAILYLAW 97106 (ALL)

VINEET CHAUBEY ALIAS MONU v. STATE OF U.P. AND ANOTHER

NABAIL/7621/2025 · 2025-09-16

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7621 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant as well as Sri V.P.Tripathi, learned A.G.A. for the State, and perused the material placed on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Complaint Case No. 39065 of 2024, under Section 18B, 27 Drugs and Cosmetic Act, Police Station Sigra, District Varanasi. 3. Counsel for the applicant contends that earlier with regard to the alleged incident an FIR was lodged on 02.03.2023 registered as Case Crime No. 061 of 2023, under Sections 27, 18B Drugs and Cosmetic Act and Sections 276, 275, 274, 471, 468, 467, 420, 419 IPC, Police Station Sigra, District Kashi (Commissionarate Varanasi). In the said case the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 06.07.2023 passed in Criminal Misc. Anticipatory Bail Application No. 5862 of 2023. Thereafter, charge-sheet has been filed and the applicant is contesting the proceedings. Subsequent thereto, the present complaint has been filed belatedly, It is next contended that the name of the applicant was disclosed by the co-accused Ashok Kumar, who was arrested at the spot. The said statement, insofar as it implicates the applicant, is unreliable. Criminal history of the applicant has been explained in para 24 of the affidavit. The applicant has apprehension of his arrest in the above mentioned case and in case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. for the State opposed the prayer for anticipatory bail but Versus Counsel for Applicant(s) : Uday Shankar Tiwari Counsel for Opposite Party(s) : G.A. Vineet Chaubey Alias Monu .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) 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 earlier with regard to the alleged incident an FIR was lodged on 02.03.2023 registered as Case Crime No. 061 of 2023, under Sections 27, 18B Drugs and Cosmetic Act and Sections 276, 275, 274, 471, 468, 467, 420, 419 IPC, Police Station Sigra, District Kashi (Commissionarate Varanasi); in the said case the applicant was granted anticipatory bail till submission of police report; subsequent thereto, the present complaint has been filed belatedly; the name of the applicant was disclosed by the co-accused Ashok Kumar, who was arrested at the spot; 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 to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Vineet Chaubey @ Monu involved in the aforesaid complaint case 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 and every 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 17, 2025 Lbm/- NABAIL No. 7621 of 2025 2 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad