CRIMINAL MISC. BAIL APPLICATION No. 37079 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:53098 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37079 of 2024 Applicant :- Phool Miyan Opposite Party :- State of U.P. Counsel for Applicant :- Lal Prabhakar Singh 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, Phool Miyan, with a prayer to release him on bail in Case Crime No. 234 of 2024, under Sections- 8/20/37/60 of N.D.P.S. Act, 1985, Police Station- Nagal, District- Saharanpur, pendency of trial. There is allegation of recovery of 71 kg 240 gm of ganja from the joint possession of three persons including the 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 71 kg 240 gm of ganja and there is no public witness of the alleged recovery. Sample was taken on spot and not before Magistrate. He next submitted that the mandatory provisions contained in Sections 41, 50, 52, 53 and 57(2) of the NDPS Act wer