HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9149 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.459 of 2026, under Sections 8/21/29 N.D.P.S. Act, Police Station- Kairana, District Shamli, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the above- mentioned case. 3. Learned counsel for the applicant has contended that this is the second anticipatory bail application of the applicant. The first application was dismissed as withdrawn with liberty to file a fresh application, as the applicant had not disclosed his criminal history as was required under Chapter XVIII, Rule 18 sub-Rule (7) of the Rules of the Court. 4. Learned counsel has further stated that the criminal antecedents of the applicant have been duly explained in paragraph 30 of the affidavit accompanying the present bail application and contends that the applicant is on bail in the solitary case shown in his criminal history. The explanation given regarding the criminal antecedents of the applicant has not been denied by the learned AGA. The applicant claims that he has been falsely implicated. The co-accused Shaukeen has been arrested by the police having in his possession 211 grams of smack. It is in his confessional statement that the name of the applicant has surfaced. Versus Counsel for Applicant(s) : Mohd. Naushad, Noor Ahmed Counsel for Opposite Party(s) : G.A. Azam .....Applicant(s) State of U.P. .....Opposite Party(s) Learned counsel for the applicant has stated that except the confessional statement of the co-accused, there is no other direct evidence against the applicant. 5. Learned AGA opposed the prayer for bail but does not dispute the fact that the applicant's name has been surfaced in the confessional statement of the co-accused. 6. I have considered the submissions made by learned counsel for the parties. 7. The applicant has a criminal history of one previous case under Section 60 of the Excise Act and Sections 272 and 273 of the IPC. The applicant is not stated to be a previous convict. The quantity of contraband recovered from the co-accused is 211 grams of smack (heroin), whereas the commercial quantity is 250 grams. 8. Taking note of the quantity of the contraband recovered, the lack of any criminal history related to offences under the NDPS Act, and also the fact that there is no other direct evidence against the applicant except the confessional statement of the co-accused, I deem it appropriate to grant anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicant is allowed. 10. In the event of the arrest of the applicant Azam, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety each in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. 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; NABAIL No. 9149 of 2026 2 iii. that the applicant shall not leave India without the previous permission of the Court; iv. that the applicant shall not pressurize/intimidate the prosecution witness; 11. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 12. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. September 8, 2026 S.A. NABAIL No. 9149 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad