CRIMINAL MISC. BAIL APPLICATION No. 33188 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:46936 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33188 of 2024 Applicant :- Rakesh Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Pandey Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant, learned A.G.A for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Rakesh Gupta, with a prayer to release him on bail in Case Crime No. 583 of 2022, under Section- 8/22 of N.D.P.S. Act, Police Station- Shahpur, District- Gorakhpur, pendency of trial. There is allegation of recovery of 120 gm alprazolam from the possession of applicant. 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 120 gm alprazolam and there is no public witness of the alleged recovery. He next submitted that the mandatory provisions contained in Sections 41, 50, 52, 53 and 57(2) of the NDPS Act were not complied with while making the alleged search and recovery. At the stage of consideration of bail it ca