Ravi Singh Alias Nankulli Vs State of U.P. Thru. Prin. Secy. Home Lko

Heard Shri Neeraj Pandey, learned counsel appearing on behalf of the applicant as well as Smt. Shikha Sinha, learned A.G.A.-I appearing on behalf of the State.

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The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.121 of 2025, under Sections 8/20, 29/60(3) of N.D.P.S. Act, registered at Police Station- Salon, DistrictRaebareli.

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The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub-Inspector of Police on 28.03.2025 against four persons, including the applicant, stating that upon an information received from a Mukhbir, two coaccused persons Pankaj Singh and Ankit Singh were apprehended. One packet kept in the dikki of the motorcycle containing Ganja was recovered from those persons and 69 packets packed in four sacks were recovered from amongst some bushes on their pointing out. The sacks mentioned 8.900 kg, 22.870 kg, 19.400 kg and 9.400 kg. The packet recovered from the motorcycle weighed 1.070 kg. Thus, the total weight of recovered Ganja was 71.640 kg. The F.I.R. states that all the packets were emptied on a tarpaulin and a homogeneous mixture was prepared and thereafter, the substance was again packed in the sacks. The persons arrested stated that the Ganja belonged to the applicant and the other named co-accused person Dharmendra Singh.

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In the affidavit filed in support of the anticipatory bail application, it has

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been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in three other criminal cases has been disclosed in para 10 of the affidavit in which he has been released on bail.

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Co-accused person, namely, Dharmendra Singh had been granted anticipatory bail by means of an order dated 27.08.2025 passed by this Court in Crl. Misc. Anticipatory Bail Application u/s 482 BNSS No.1107 of 2025.

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The learned A.G.A.-I has opposed the prayer for anticipatory bail and she has submitted that the total weight of recovered Ganja was 71.640 kg which belongs to the applicant and the allegations have been established during the investigation and a charge sheet has been submitted on 13.04.2025.

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Having considered the aforesaid facts and circumstances of the case keeping in view the fact that the applicant has been implicated solely on the basis of custodial statements of co-accused persons; that as per the F.I.R. allegations, the substance recovered was kept in 70 packets and the packets did not contain any marking indicating that their contents were similar and equal yet the police has prepared a homogeneous mixture of the contents of all the packets before samples could be drawn from all the packets and that the investigation already stands concluded and the co-accused person, namely, Dharmendra Singh had been granted anticipatory bail by this Court, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

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In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court :

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(i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required;

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(ii) that 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

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or tamper with the evidence;

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(iii) that the applicant shall not leave India without the previous permission of the court.

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(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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(v) that the applicant shall not pressurize/ intimidate the prosecution witness.