MUBARIKversusSTATE OF U.P. AND ANOTHER

             HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9436 of 2026

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

Counsel for Applicant(s)                     :   Ali Hasan, Istiyaq Ali
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. 103 of 2024, under
     Sections 8/18/29 of the N.D.P.S. Act, Police Station -Meerganj,
     District Bareilly, with a prayer to enlarge him on anticipatory
     bail, as the applicant apprehends his arrest in the aforesaid case.

     3. The learned counsel for the applicant states that the applicant
     has been falsely implicated in the present case. The co-accused
     Nadeem was arrested by the police on spot and from his
     possession, 500 grams of opium, which is much less than the
     commercial quantity prescribed, was recovered. It is allegedly in
     the statement of the co-accused Nadeem that the name of the
     applicant has surfaced. The applicant had filed a writ petition
     being Criminal Misc. Writ Petition No.7467 of 2024, in which
     this Court was pleased to grant an interim order to the applicant
     staying his arrest till cognizance is taken on a police report. The
     applicant has a criminal history of two cases, in which he has
     been acquitted.

     4. The learned A.G.A. has opposed the prayer for grant of
     anticipatory bail and has contended that one of the cases in the
     criminal history of the applicant relates to the NDPS Act. The
     applicant is a repeat offender and may not be considered for grant
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of anticipatory bail. Learned A.G.A. however, does not dispute
the fact that the applicant was granted interim protection by this
Court during investigation and there is no allegation against the
applicant of violating the interim protection granted or not co-
operating with the investigation.

5. I have considered the submissions made by the learned counsel
for the parties.

6. Similarly situated co-accused Rais Khan has been granted
anticipatory bail by this Court in NABAIL No. 7483 of 2026. The
applicant has a criminal history of two cases and in both the
cases, he has been acquitted. The investigation against the
applicant is complete and he is no longer required for a custodial
interrogation.

7. Taking into consideration the entire facts and circumstances of
the case, as discussed above, I deem it appropriate to enlarge the
applicant on anticipatory bail.

8. The anticipatory bail application of the applicant is allowed.

9. In the event of the arrest of the applicant- Mubarik, involved
in the aforesaid case crime, he shall be released on anticipatory
bail, on his furnishing a personal bond and surety 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;

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 pressurize/intimidate the prosecution
witness;
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                                        10. In case of breach of any of the above conditions, the Court
                                        concerned shall be at liberty to cancel the bail.

                                        11. 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 11, 2026
                                    Sartaj
                                                                                       (Rajiv Lochan Shukla,J.)




Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad