SHAVEJversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 4333 of 2026

Shavej
                                                           .....Applicant(s)
                                  Versus

State of U.P. and Another
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)           :   Ankit Srivastava, Ch. Dil Nisar
Counsel for Opposite Party(s)      :   G.A.

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

1. Sri Choudhary Dilnisar, learned counsel for the applicant hands up the
supplementary affidavit annexing the criminal history of the accused-
applicant. The same is taken on record.

2. Heard Sri Dilnisar, learned counsel for the accused-applicant, learned
AGA for State and perused the record.

3. The instant anticipatory bail application has been filed by applicant to
grant anticipatory bail in Case Crime No. 15 of 2026, under Sections
8/21/29 of NDPS Act, P.S.- Gangoh, District- Saharanpur.

4. It is contended by learned counsel for accused-applicant that the
accused-applicant has been falsely implicated by the police in F.I.R. dated
07.01.2026. The co-accused Saddam was apprehended by the police with
50 gms smack on 07.01.2026 at about 22:11 hours. After the arrest, the
co-accused Saddam is stated to have disclosed before the police that he
used to purchase the smack from Shavej and Bilal. It is on the basis of the
statement of co-accused that the name of Shavej and Bilal is mentioned in
the F.I.R. The applicant has criminal history of 13 cases. None is of
NDPS Act. In most of the cases, he has been apprehended by the police
for robbery. He further submits that the criminal history has been
explained in the supplementary affidavit filed today. Out of 13 cases, the
accused-applicant is acquitted in four case. One case is withdrawn, which
was invoked during pandemic. In 8 cases, the accused-applicant is on bail.
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Further submits that the accused-applicant has been falsely implicated by
co-accused. The applicant has never indulged in selling the drugs. The co-
accused Bilal has already been granted anticipatory bail by the coordinate
Bench of this Court in order dated 16.03.2026. The accused-applicant is
apprehending arrest, though he wants to cooperate in the investigation and
hence, seeks anticipatory bail.

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

6. The scope of ambit of anticipatory bail is encapsulated in three
insightful judgments of Hon’ble Supreme Court right from Gurubaksh
Singh Sibbia 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.

7. This Court while considering that the name of accused-applicant is
reflected from the statement of co-accused and further considering the
gravity of accusation, explained criminal history 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.

8. The applicant- Shavej involved in the aforesaid case crime shall
appear before the trial court or the Investigating Officer, as the case may
be within 30 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 :-
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                                3


(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.

9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.

10. 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.

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

11.1 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.
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                                    11.2 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.

                                    11.3 The accused/applicant 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.

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


                                                                                          (Avnish Saxena,J.)
                                    May 6, 2026
                                    Shivangi




Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad