HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9689 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant and Learned A.G.A. for the State as well as perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.461 of 2026, under Section 29 N.D.P.S. Act, Police Station Deoband, District Saharanpur, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the abovementioned case. 3. Learned counsel for the applicant has contended that co-accused Sakib Pathan was arrested by the police and from his possession 11.50 grams of Smack (heroin) was recovered. It is in his confessional statement that the name of the applicant has surfaced. The applicant has no criminal antecedents. He undertakes to cooperate with the investigation, will not abscond and is ready to furnish sureties and bonds as required. 4. Learned A.G.A. has opposed the prayer for anticipatory bail and has contended that co-accused in his confessional statement has stated that it was the applicant who had supplied the smack to him and the applicant may be required for custodial interrogation and further recoveries, he may not be considered for grant of anticipatory bail. 5. Rejoining the issue, Learned counsel for the applicant has contended that assuming without admitting that the statement of co-accused naming Versus Counsel for Applicant(s) : Shailesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Mushrraf .....Applicant(s) State of U.P. .....Opposite Party(s) the applicant is correct, he states that the applicant possibly has been named only to implicate him in the case by co-accused Sakib Pathan as the applicant was on friendly terms with his wife and used to talk with her on mobile phone. 6. I have considered the submissions made by the Learned counsels for the parties. 7. The amount of contraband recovered from co-accused is 11.50 grams of Smack (heroin), whose prescribed commercial quantity is 250 grams. The applicant has no criminal antecedents. Although the defence taken by the applicant at this stage cannot be taken into consideration for the purposes of grant of anticipatory bail, however in view of the entire facts and circumstances as appearing in the case and specially the fact that except the confessional statement of co-accused, there is no direct evidence against the applicant of trafficking in narcotic drugs at present, a prima facie case for grant of anticipatory bail till conclusion of police investigation is made out. The case of the applicant would require reconsideration after conclusion of police investigation on the material collected during investigation as there are allegations of the applicant being the supplier of narcotic drugs. 8. Taking into account the facts and circumstances of the case, I deem it appropriate to enlarge applicant on anticipatory bail. 9. In view of the above, the anticipatory bail application of the applicant is allowed. 10. Till conclusion of police investigation, in the event of the arrest of the applicant-Mushrraf, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety 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, NABAIL No. 9689 of 2026 2 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; 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 17, 2026 A. Pandey NABAIL No. 9689 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad