No. - 7474 of 2025 Ramesh Kumar Pathak State of U.P & Anr. v. State of U.P.) after having remained in custody for more than three

Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record.

This application has been filed with the prayer to grant anticipatory bail to the applicant in Complaint Case No.39065 of 2024, under sections 18/27 Drugs and Cosmetic Act, 1940, P.S. Sigra, District Varanasi.

Counsel for the applicant submits that the applicant has been falsely implicated in the present case. With regard to the alleged incident, a first information report was also lodged against the applicant on 2.3.2023 registered as Case Crime No. 0061 of 2023, under Sections 419, 420, 467, 468, 471, 274, 275, 276 120B I.P.C. and Section 18B/27 of Drugs and Cosmetic Act, 1940, P.S. Sigra, District Varuna (Commissionerate Varanasi). In the said case, the applicant was granted bail by this Court vide order dated

16.12.2023 passed in Criminal Misc. Bail Application No. 53958 of 2023 (Ramesh Kumar Pathak vs. State of U.P.) after having remained in custody for more than three months. The present prosecution has been instituted only for the purposes of further 2 NABAIL No. 7474 of 2025 harassment. False recovery of fake medicines has been shown. There is no independent witness to the alleged recovery. The name of the applicant was disclosed by co-accused Ashok Kumar in police custody. The said statement, insofar as it implicates the applicant, is unreliable. The applicant is already facing trial in Case Crime No. 0061 of 2023. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal incidents. The applicant has been summoned by the concerned Court. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty.

Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and the fact that with regard to the alleged incident, a first information report was also lodged against the applicant on 2.3.2023 and inn the said case, the applicant was granted bail by this Court, there is no independent witness to the alleged recovery, the name of the applicant was disclosed by co-accused Ashok Kumar in police custody, the applicant is already facing trial in Case Crime No. 0061 of 2023, at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail till conclusion of trial.

In the event of arrest, the applicant Ramesh Kumar Pathak, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on 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:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; 3 NABAIL No. 7474 of 2025 (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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by his before the concerned court.

In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.