Sam Tiwari Alias Vipul Tiwari vs State of U.P.

The present application has been moved seeking anticipatory bail in Case Crime no.34 of 2026, under Sections 8/20/21/29/60 of Narcotics Drugs and Psychotropic Substances Act, Police Station Geeda, District Gorakhpur, with the prayer that in the event of arrest, applicant may be released on bail.

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It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that the name of the applicant has surfaced in the confessional statement of arrested co-accused and from their possession, 510 Gms smack / heroin is said to have been recovered from two vehicles, in which, three accused persons were travelling. It is further alleged that the said vehicle belongs to the applicant and the applicant is the owner of the said vehicle and the applicant was having no knowledge about the said incident. It is further submitted that the said vehicle was given for repairing and the same was received by the co-accused Shyam Mohan Yadav. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

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On the other hand, learned AGA submits that he has not received instructions as yet.

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NABAIL No. 2103 of 2026

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2

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Nothing incriminating has been recovered from the physical possession of the applicant and the name of the applicant has surfaced in the confessional statement of three arrested co-accused persons and from their possession, 510 Gms smack / heroin is said to have been recovered from a vehicle and the applicant is said to be the owner of the said vehicle and the applicant is said to have sent the said vehicle to a garage for repairing on 14.01.2026.

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It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 , it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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Considering the facts and circumstances of the case and all attending facts and circumstances of the case and taking note of law laid down in the case of Tofan Singh vs The State Of Tamil Nadu and the provisions of Section 37 of N.D.P.S. Act and without expressing any opinion on merits, a case for interim anticipatory bail is made out.

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In the event of arrest of the applicant- Sam Tiwari Alias Vipul Tiwari involved in the aforesaid case crime shall be released on interim anticipatory bail till 16.04.2026 on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :-

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(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

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(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/her/them from disclosing such facts to the Court or to any police officer;

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(iii) The applicant would co-operate during trial and would not misuse the liberty of bail.

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(iv) The applicant shall not leave India without prior permission of the Court concerned.

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NABAIL No. 2103 of 2026

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3

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In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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List this case on 16.04.2026 as fresh in top twenty cases.

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Learned AGA is directed to obtain updated instructions regarding call details of the applicant and other co-accused persons by the next date.

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March 19, 2026 RKM

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(Jitendra Kumar Sinha,J.)

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Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

Sam Tiwari Alias Vipul Tiwari v. State of U.P.

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Sam Tiwari Alias Vipul Tiwari v. State of U.P.

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