# CRIMINAL MISC. BAIL APPLICATION No. 33126 of 2024 at Allahabad

Court: Allahabad High Court
Date: 2025-04-05
Citation: CRIMINAL MISC. BAIL APPLICATION No. 33126 of 2024 at Allahabad
Petitioner: CRIMINAL MISC. BAIL APPLICATION No. 33126 of 2024 at Allahabad
Respondent: Unknown

[Official PDF on Allahabad High Court website](https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadOriginalHCJudgmentDocument.do?translatedJudgmentID=30034)

## Judgment text (excerpt)

Neutral Citation No. - 2025:AHC:49130 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33126 of 2024 Applicant :- Rakesh Giri Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Pandey,Deepak Kumar Srivastava,Ganesh Shanker Srivastava,Saurabh Mishra 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, Rakesh Giri who is involved in Case Crime No. 145 of 2024, under Section 8/20 of N.D.P.S. Act, Police Station- Bhadohi, District- Bhadohi, 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 67 kg of ganja 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 tri

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