Mukesh Bansal And 2 Others vs. State Of U.P.

Heard learned counsel for the applicants and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party.

The present bail application has been filed with the prayer to enlarge the applicants on bail in Case Crime No. 62 of 2025, under Sections 318(2), 318(4), 61(2), 111, 341(4) B.N.S. and 66, 67 I.T. Act, Police Station Kotwali, District Agra during the pendency of the trial.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The applicant no. 1 is the Proprietor of M/s Bansal Medical Agency, 3, Gogiya Market, Fountain Jauhari Bazar, Agra, the applicant no. 2 is the Proprietor of M/s Taj Medico, 17, Mubarak Mahal, Fountain, Agra, and the applicant no. 3 is the Proprietor of M/s MSV Medi Point Private Limited, Shop No. 2905/7-8, Hospital Road, Fountain, Agra. The said firms had the licence to sell, stock or exhibit (or offer) for sale, or distribute by wholesale Drugs specified in Schedules C and C(1) excluding those specified in Schedule X. The firm of applicants purchased the aforesaid drugs from M/s Meenakshi Pharma and M/s Amman Pharma. The payments of the alleged drugs were made through RTGS. All the medicines so procured were through E-Way bills and GST invoices. There is no material at this stage to suggest that the alleged drugs were spurious or of sub-standard quality. It is next contended that the applicants are not members of any organized crime syndicate nor they acted on behalf of such syndicate. The essential ingredients to constitute the alleged offence are not made out. The applicants are in jail since 31.08.2025 having no criminal Versus Counsel for Applicant(s) : Aushim Luthra, Irshad Husain Counsel for Opposite Party(s) : G.A. Mukesh Bansal And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s)

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

Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the firms of the applicants had the licence to sell, stock or exhibit (or offer) for sale, or distribute by wholesale Drugs specified in Schedules C and C(1) excluding those specified in Schedule X. At this stage there is no substantive evidence against the applicants. The applicants have no criminal antecedents. Moreover, the applicants have remained confined for almost one and half month and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail.

Let the applicants- Mukesh Bansal, Sohit Bansal and Sanjay bansal, involved in the aforesaid case, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that they: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 17, 2025 SKT/- BAIL No. 36251 of 2025 2 (Vivek Varma,J.) SHIVA KANT TIWARI High Court of Judicature at Allahabad