CRIMINAL MISC. BAIL APPLICATION No. 19663 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:47110 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19663 of 2024 Applicant :- Javed Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for applicant, learned A.G.A. for the State and perused the record. This bail application has been preferred by the accused-applicant, Javed, who is involved in Case Crime No.411 of 2019, under Section 8/20 NDPS Act, Police Station-Kotwali Mandi, District- Saharanpur. Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case due to ulterior motive, on the basis of false and planted recovery of 200 gram charas has been recovered from the applicant and there is no public witness of the alleged recovery. It is further contended that mandatory provision of Section 50 of N.D.P.S Act has not been complied with. At the stage of consideration of bail it cannot be decided whether offer given to the applicant and his consent obtained was voluntary. These are the questions of fact which can be determined only during trial and not at the present stage. In c