CRIMINAL MISC. BAIL APPLICATION No. 32037 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:51250 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32037 of 2024 Applicant :- Nasim Opposite Party :- State of U.P. Counsel for Applicant :- Ali Hasan,Istiyaq Ali 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, Nasim, who is involved in Case Crime No. 214 of 2024, under Section 8/21 N.D.P.S. Act, Police Station- Fareedpur, District- Bareilly. 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 1 Kg. and 300 gram of wet smack (Gili smack) 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 case of pri