CRIMINAL MISC. BAIL APPLICATION No. 36728 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:50948 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36728 of 2024 Applicant :- Arshad Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Rejoinder affidavit filed today is taken on record. 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, Arshad, who is involved in Case Crime No. 317 of 2024, under Section 8/21 N.D.P.S. 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 100 gram of 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