# CRIMINAL MISC. BAIL APPLICATION No. 28581 of 2024 at Allahabad

Court: Allahabad High Court
Date: 2025-04-11
Citation: CRIMINAL MISC. BAIL APPLICATION No. 28581 of 2024 at Allahabad
Petitioner: CRIMINAL MISC. BAIL APPLICATION No. 28581 of 2024 at Allahabad
Respondent: Unknown

[Official PDF on Allahabad High Court website](https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadOriginalHCJudgmentDocument.do?translatedJudgmentID=29593)

## Judgment text (excerpt)

Neutral Citation No. - 2025:AHC:54126 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28581 of 2024 Applicant :- Shivmuni Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Malviya Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard Sri Awadhesh Kumar Malviya, 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, Shivmuni Yadav, who is involved in Case Crime No. 93/2024 under Section 8/21 of N.D.P.S. Act, Police Station- Dhanapur, District- Chandauli. 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 260 gram of heroin 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 s

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