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2026 DAILYLAW 879 (ALL)

GULISTA v. STATE OF U.P. AND ANOTHER

NABAIL/3680/2026 · 2026-04-19

Arun Kumar Singh Deshwal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3680 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Atmaram Nadiwal, learned counsel for the applicant, learned AGA for the State and perused the record. 2. The present application has been filed by the applicant seeking bail in anticipation of her arrest in Case Crime No. 40 of 2026, under Section 8/21 and Section 29/60 of N.D.P.S. Act, Police Station- Mirzapur, District- Saharanpur. 3. Contention of learned counsel for the applicant is that, though there is no recovery of any contraband article from the possession of the applicant, her name has surfaced as an accused in the confessional statement of the co- accused Mesor, who was arrested by the police along with contraband articles; the applicant has not committed any offence and has been falsely implicated in the present case; the applicant has explained the criminal history of one case; therefore, no case is made out against the applicant. 4. Learned A.G.A. has opposed the prayer for anticipatory bail. 5. Thus, without expressing any opinion on the merits of the case and considering the nature of accusations, gravity of offence and antecedents of applicants, this Court is of the view that the applicant is entitled to get anticipatory bail till submission of charge sheet under Section 193 BNSS as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. 6. In the event of arrest, the applicant Gulista involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond and two Versus Counsel for Applicant(s) : Atmaram Nadiwal, Dinesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Gulista .....Applicant(s) State of U.P. and Another .....Opposite Party(s) sureties each in the like amount to the satisfaction of the investigating officer concerned with the following conditions:- (i) The applicant shall make herself available for interrogation by a police officer as and when required; (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 or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court; (iv) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation. (v) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (vi) At the time of releasing the applicant on anticipatory bail, after verification, the concerned Investigating Officer shall also record the Aadhaar number, WhatsApp number, e-mail ID, and mobile number of the applicant, and the same shall be uploaded on CCTNS, as per Rule 8 of the Uttar Pradesh Electronic Processes (Issuance, Service and Execution) Rules, 2026. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of anticipatory bail. 8. With the aforesaid observations/directions, the application stands disposed of. (Arun Kumar Singh Deshwal,J.) April 20, 2026 SA NABAIL No. 3680 of 2026 2 Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad