DEVESH KUMARversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

 CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
                  BNSS No. - 3855 of 2026

Devesh Kumar
                                                              .....Applicant(s)
                                   Versus
State of U.P. and Another
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                          :    Suneel Kumar
Counsel for Opposite Party(s)                     :    G.A.

Court No. - 71
                     HON'BLE AVNISH SAXENA, J.

1. Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant and
Learned AGA for the State.

2. The present anticipatory bail application under Section 482 of BNSS has
been filed by the applicant with a prayer to release him on anticipatory bail
in Case Crime No. 185 of 2025, under Sections 8/15(C)/25/29 of the
Narcotic Drug and Psychotropic Substance Act, 1985, P.S. Rahra, District
Amroha during pendency of the trial.

3. It is contended by learned counsel for the applicant that the applicant has
been falsely implicated on the basis of statement of co-accused, who is
owner of the truck.The FIR is lodged on 17.08.2025 by the police with the
allegation that they have confiscated 12.75 qtl. Narcotic Drug Doda. Two
co-accused have been apprehended. In their disclosure statement, it is
revealed that the contraband of Narcotic Drug was transported by Truck No.
UP26 AT 0502. The police has apprehended the owner and driver of the
truck. The owner of the truck has stated that the business of transportation
is carried out by the co-accused as well as accused/applicant. Learned
counsel submits that the applicant has no role in the matter. The
accused/applicant has no criminal history and the investigation is continuing.
The owner of truck and owner of the go-down, from where the contraband
has been confiscated have already been granted bail. The accused/applicant
is apprehending arrest, hence, seeks anticipatory bail.

4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.

5. The scope of ambit of anticipatory bail is encapsulated in three insightful
judgments of Hon'ble Supreme Court right from Gurubaksh Singh Sibbia
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Vs. State of Punjab reported in (1980) 2 SCC 565, Siddharam
Satlingappa Mhetre Vs. State of Maharashtra reported in (2011) 1 SCC
694 and Sushila Aggarwal and others Vs. State (NCT of Delhi) and
another reported in (2020) 5 SCC 1, wherein it is consistently held by
Hon'ble Apex Court that while granting anticipatory bail, the Court should
considering the application of the applicant to evaluate the threat or
apprehension of arrest vis-a-vis the nature and gravity of accusation,
criminal antecedent of the accused, false or exaggerated implication, need of
custodial interrogation, willingness of the accused to cooperate in
investigation and trial and the conduct of the accused and flight risk.

6. Considering the role of accused/applicant figured out from the statement
of co-accused. Further this Court, while considering the gravity of
accusation and apprehension of arrest in the case vis-a-vis low flight risk and
assurance of the accused in cooperating with the investigation and trial, is of
considered view to grant anticipatory bail.

7. In the event of arrest of the applicant-Devesh Kumar involved in the
aforesaid case crime shall appear before the trial court or the Investigating
Officer as the case may be within thirty days from the date of this order
and shall be released on bail on furnishing a personal bond of Rs. 25,000/-
with two sureties each in the like amount to the satisfaction of the court
concerned with following conditions :-

(i) 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
or tamper with the evidence.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of BNSS.

(iv) The applicant shall file an undertaking to the effect that he/she shall not
seek any adjournment on the dates fixed for evidence when the witnesses are
present in the trial court.

(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.

8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
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                                    9. It is clarified that anything said in this order is limited to the purpose of
                                    determination of this bail application and will in no way be construed as an
                                    expression on the merits of the case. The trial court shall be absolutely free
                                    to arrive at its independent conclusions on the basis of evidence led
                                    unaffected by anything said in this order.

                                    10. The below mentioned directions shall be complied with for
                                    expeditious disposal of trial, in case charge sheet is submitted against
                                    accused/applicant :-

                                    10.1 As the investigation is continuing, in the event charge sheet is
                                    submitted and cognizance is taken, it would be the duty of the
                                    accused/applicants to appear before the trial court or Magistrate concerned
                                    as the case may be without waiting for the issuance of summons, within 60
                                    days from the date of cognizance or on the date fixed, which ever is earlier.
                                    So that the trial may not be delayed for non execution of summons or
                                    processes.

                                    10.2 The District Judge concerned shall direct each Magistrate and Special
                                    courts to maintain a register of Anticipatory Bail orders granted by this
                                    Court, wherein the details of Anticipatory Bail shall be entered. The
                                    dedicated official shall be nominated in each Special court and Magistrate
                                    court for maintaining the register.

                                    10.3 The accused/applicants shall provide a copy of the final order of
                                    anticipatory bail within 30 days, to the official concerned in whose
                                    jurisdiction the case lies and shall provide his complete contact details
                                    including the mobile number and E-mail ID (if maintained); any change in
                                    detail shall be informed by the applicant.

                                    10.4 On the submission of charge sheet and cognizance taken, the Presiding
                                    Officer shall fetch the details of the accused/applicants and the dedicated
                                    official shall inform the accused at the given detail.

                                    April 23, 2026
                                    Abhishek Sri.                                              (Avnish Saxena,J.)




Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad