Kamlesh Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko… — Narcotics (NDPS) | Allahabad HC (2025)

Kamlesh Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko… — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail protection: in the event of arrest, applicant Kamlesh Kumar to be released in Case Crime No. 40 of 2025 on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O., subject to four conditions; liberty protected till filing of police report u/s 173(2) Cr.P.C.

Issue for consideration

Whether the applicant, named in the FIR apparently only on the basis of the alleged confessional statement of the person apprehended with the narcotics, against whom there is prima facie neither apprehension from the spot nor any recovery, should have his liberty protected by anticipatory bail until filing of the police report u/s 173(2) Cr.P.C.

Court's answer

Prima facie the applicant was neither apprehended from the spot nor is there any recovery from him, his name having been introduced only on the basis of the alleged confessional statement of the person apprehended from the spot; the applicant's previous criminal history has been explained and he undertakes to co-operate during investigation.

Ratio / Principle

Without expressing any opinion on the merits of the case, the liberty of the applicant may be protected till filing of the police report u/s 173(2) Cr.P.C., in view of the dictum of the Apex Court in Sushila Aggarwal v. State (NCT of Delhi).

Key takeaways

In the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O., subject to conditions: (1) co-operation in investigation and no influencing of witnesses; (2) presence as and when called for investigation/interrogation; (3) no leaving India without previous permission of the Court; (4) on default, the investigating agency may move for vacation of the protection.ratio¶15

Detailed headnote1 paragraphs

Anticipatory bail (S. 482 BNSS) - Case Crime No. 40 of 2025, Sections 8/20 N.D.P.S. Act, P.S. Deeh, District Rrebareli (as printed): FIR alleges that on 15.02.2025 a police team, during routine checking, apprehended vehicle U.P. 42 BC 2078 with a single occupant carrying 7.75 kg ganja; the applicant's name was introduced only on the basis of the alleged confessional statement of the person apprehended, with no apprehension from the spot of, or recovery from, the applicant; previous criminal history explained; undertaking to co-operate with the ongoing investigation. Reliance placed on the dictum of the Apex Court in Sushila Aggarwal v. State (NCT of Delhi), 2020 SCC OnLine SC 98; without expressing any opinion on the merits, the Court held the applicant's liberty may be protected till filing of the police report u/s 173(2) Cr.P.C., directing that in the event of arrest he be released on a personal bond with two sureties each in the like amount, subject to conditions (co-operation and no influencing of witnesses; presence when called by arresting officer/I.O./S.H.O.; no departure from India without permission; default permitting vacation of the protection). Application disposed of.

Neutral Citation No. - 2025:AHC-LKO:34974

Court No. - 13

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 430 of 2025

Applicant :- Kamlesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Dilip Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Manish Mathur,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for applicant and learned AGA appearing on behalf of State. In view of order being passed, notice opposite party no.2 stands dispensed with.

This first anticipatory bail application has been filed with regard to Case Crime No. 40 of 2025 under Section 8/20 N.D.P.S. Act, Police Station Deeh, District Rrebareli.

As per contents of First Information Report, incident is said to have taken place on 15.02.2025 when a police team is said to have apprehended a vehicle bearing Registration No. U.P. 42 BC 2078 during course of routine checking and apprehended single person travelling with 7.75 kg. illegal narcotics namely ganja.

It is submitted that applicant has been falsely implicated in allegations levelled against him under the aforesaid sections in view of the fact that he was neither apprehended from the spot nor was any recovery made from him and his name has been introduced only on the basis of alleged confessional statement of single person whose name was Bharatlal, who was travelling in vehicle. It is submitted that previous criminal history of applicant has been explained and undertakes to co-operate in the investigation, which is still on going.

Learned AGA appearing on behalf of State has opposed bail application with the submission that name of applicant has clearly been introduced by the person who is apprehended with the illegal narcotics. It is, however, admitted that investigation is still ongoing but applicant is not co-operating.

Upon consideration of submissions advanced by learned

counsel for parties and perusal of material on record, prima facie, it appears that applicant was neither apprehended from the spot nor is there any recovery from him and his name has been introduced only on the basis of alleged confessional statement of person who was apprehended from the spot. Previous criminal history of applicant has been explained and he undertakes to co-operate during investigation.

Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi) -2020 SCC online SC 98.

In view of the above, it is provided that in the event of arrest, the applicant- Kamlesh Kumar shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

(1) The applicant shall cooperate in the investigation and he will not influence the witnesses.

(2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.

(3) The applicant shall not leave India without previous permission of the Court.

(4) In case of default, it would be open for the investigating agency to move application for vacation of this protection.

The application stands disposed of .

Order Date :- 30.5.2025 Satish

Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench