Allahabad High Court
MUJMMILversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted anticipatory bail with a four‑week protection period, subject to the applicant filing a regular bail application within that time.
Summary
The applicant filed an anticipatory bail application under Section 482 of the CrPC in a case registered under Sections 8, 21, 29 and 60 of the NDPS Act, fearing arrest. He also sought interim protection to appear before the trial court and apply for regular bail. The State did not oppose the prayer. The High Court allowed the application, directing that the applicant be protected from any coercive action for four weeks and that he must appear before the trial court within that period to file a regular bail application, which will be decided expeditiously and without prejudice from any earlier refusal. The court ordered that the anticipatory bail be granted conditionally and the matter was disposed of.
Issues considered
- Whether anticipatory bail can be granted to the applicant under Section 482 of the CrPC in the NDPS case.
- Whether the court may impose a time‑bound condition for the applicant to apply for regular bail.
- Whether the applicant is entitled to protection from coercive action during the interim period.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 29, 60, 8
Subjects
- anticipatory bail
- regular bail
- NDPS Act
- CrPC Section 482
- interim protection
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8916 of 2026
Mujmmil
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Naushad, Noor Ahmed
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant; and Learned A.G.A. for the
State.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.171 of 2026, under Sections 8/21/29/60 of
N.D.P.S. Act, Police Station – Jhinjhana, District Shamli, with a prayer to
enlarge him on anticipatory bail, as the applicant apprehends his arrest in
the aforesaid case.
3. After some arguments, the Learned counsel for the applicant prays that
the applicant may be permitted to appear before the concerned Court and
apply for regular bail. The Learned counsel further states that the
applicant may be granted some interim protection to appear before the
concerned Court and apply for bail.
4. The Learned A.G.A. has no objection to the said prayer.
5. The prayer so made by the Learned counsel for the applicant is
allowed. It is provided that in case the applicant appears before the
concerned Court within a period of four weeks from today and applies for
regular bail in the aforesaid case crime, his application for bail shall be
considered and decided expeditiously in accordance with law, without
being influenced by any observations made by the concerned Sessions
Court while refusing to grant anticipatory bail to the applicant.
NABAIL No. 8916 of 2026
2
6. For a period of four weeks from today, no coercive action shall be
taken against the applicant.
7. With the aforesaid observations/directions, this application stands
disposed of.
(Rajiv Lochan Shukla,J.)
September 9, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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