HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9120 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.129 of 2026, under Sections 8/21/29 NDPS Act, Police Station- Nakud, District Saharanpur, 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 an absolutely bogus case has been brought up in the FIR where the allegation is of the co-accused Usman supposedly taking the contraband in question from the applicant for delivering the same to the brother of the applicant. Learned counsel further submits that 100 grams of smack is said to have been recovered from the possession of the accused, which is much below the commercial quantity. The applicant although has a criminal history of 16 cases but he is not a previous convict. The co-accused Usman has been granted regular bail by this court in bail Criminal Misc. Bail Application No.11614 of 2026 and co-accused Salik, the brother of the applicant has been granted anticipatory bail by this Court in NABAIL No.8141 of 2026. 4. Learned AGA has opposed the prayer for bail and has stated that the applicant has a long criminal history. He may not be considered for grant of anticipatory bail. The applicant is stated to be the supplier of the smack Versus Counsel for Applicant(s) : Mohd. Naushad, Noor Ahmed Counsel for Opposite Party(s) : G.A. Sabir .....Applicant(s) State of U.P. .....Opposite Party(s) in question and he may be required for custodial interrogation and further recoveries. 5. I have considered the submissions made by the learned counsel for the parties. 6. The explanation with respect to the criminal antecedents of the applicant has been given in the supplementary affidavit. The applicant is stated to be on bail in all the cases. Six cases relate to Sections 392, 411 IPC and also two cases are under the Gangsters Act. From the pattern of cases lodged against the applicant where most of the cases appear to be cases where the applicant has been implicated by the police, in the opinion of the Court, the false implication of the applicant cannot be ruled out. The contraband in question is much below the commercial quantity of smack prescribed, which is 250 grams. Co-accused Usman has been granted regular bail and co-accused Salik has been granted anticipatory bail by this Court. 7. The version of the prosecution that has been set up of one brother supposedly transporting the smack to another brother by employing the service of the co-accused Usman, prima facie appears to be suspicious and unnatural. 8. Taking into account all the facts and circumstances of the case and without expressing any opinion on the merits of the case, I deem it fit to enlarge the applicant on anticipatory bail. 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 Sabir, 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; NABAIL No. 9120 of 2026 2 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; 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 21, 2026 S.A. NABAIL No. 9120 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad