Allahabad High Court
MUSHRRAFversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court held that anticipatory bail should be granted as there is no direct evidence against the applicant and a prima facie case exists, subject to prescribed conditions.
Summary
The applicant, Mushrraf, filed an anticipatory bail application under Section 482 of the CrPC in a case registered under Section 29 of the NDPS Act, fearing arrest after a co-accused's confessional statement implicated him as the supplier of 11.50 grams of heroin. The co-accused, Sakib Pathan, had been arrested and the narcotics seized, and his statement named the applicant, though the applicant denied any involvement and had no prior criminal record. The State opposed bail, arguing that the applicant might be needed for custodial interrogation and further investigations. The Court examined the lack of direct evidence against the applicant, the small quantity of drugs relative to the prescribed commercial quantity, and the applicant's clean antecedents, concluding that a prima facie case for bail existed. Consequently, the Court granted anticipatory bail with specific conditions, pending the conclusion of the police investigation.
Issues considered
- Whether anticipatory bail can be granted under Section 482 CrPC when the only allegation against the applicant stems from a co-accused's confessional statement without direct evidence.
- Whether the applicant's lack of criminal antecedents and the modest quantity of narcotics recovered justify the grant of anticipatory bail.
- What conditions may be imposed on anticipatory bail and the court's power to cancel it upon breach.
Legislation cited
Subjects
- anticipatory bail
- Section 482 CrPC
- Section 29 NDPS Act
- narcotics
- confessional statement
- prima facie case
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9689 of 2026
Mushrraf
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shailesh Kumar Shukla
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 as well as perused the record.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.461 of 2026, under Section 29 N.D.P.S. Act,
Police Station Deoband, District Saharanpur, with a prayer to enlarge him
on anticipatory bail as the applicant apprehends his arrest in the
abovementioned case.
3. Learned counsel for the applicant has contended that co-accused Sakib
Pathan was arrested by the police and from his possession 11.50 grams of
Smack (heroin) was recovered. It is in his confessional statement that the
name of the applicant has surfaced. The applicant has no criminal
antecedents. He undertakes to cooperate with the investigation, will not
abscond and is ready to furnish sureties and bonds as required.
4. Learned A.G.A. has opposed the prayer for anticipatory bail and has
contended that co-accused in his confessional statement has stated that it
was the applicant who had supplied the smack to him and the applicant
may be required for custodial interrogation and further recoveries, he may
not be considered for grant of anticipatory bail.
5. Rejoining the issue, Learned counsel for the applicant has contended
that assuming without admitting that the statement of co-accused naming
NABAIL No. 9689 of 2026
2
the applicant is correct, he states that the applicant possibly has been
named only to implicate him in the case by co-accused Sakib Pathan as
the applicant was on friendly terms with his wife and used to talk with her
on mobile phone.
6. I have considered the submissions made by the Learned counsels for
the parties.
7. The amount of contraband recovered from co-accused is 11.50 grams
of Smack (heroin), whose prescribed commercial quantity is 250 grams.
The applicant has no criminal antecedents. Although the defence taken by
the applicant at this stage cannot be taken into consideration for the
purposes of grant of anticipatory bail, however in view of the entire facts
and circumstances as appearing in the case and specially the fact that
except the confessional statement of co-accused, there is no direct
evidence against the applicant of trafficking in narcotic drugs at present, a
prima facie case for grant of anticipatory bail till conclusion of police
investigation is made out. The case of the applicant would require
reconsideration after conclusion of police investigation on the material
collected during investigation as there are allegations of the applicant
being the supplier of narcotic drugs.
8. Taking into account the facts and circumstances of the case, I deem it
appropriate to enlarge applicant on anticipatory bail.
9. In view of the above, the anticipatory bail application of the applicant
is allowed.
10. Till conclusion of police investigation, in the event of the arrest of the
applicant-Mushrraf, he shall be released forthwith in the aforesaid case
crime on anticipatory bail on furnishing a personal bond and surety 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. that the applicant shall not, directly or indirectly make any inducement,
NABAIL No. 9689 of 2026
3
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.
(Rajiv Lochan Shukla,J.)
September 17, 2026
A. Pandey
Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad
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