CRIMINAL MISC. BAIL APPLICATION No. 40397 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:17830 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40397 of 2024 Applicant :- Mustaq Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Pankaj Satsangi, learned counsel for the applicant, Shri Yagvalk Pandey, learned A.G.A. for the State and perused the record of the case. The present bail application under Section 439 Cr.P.C. has been filed on behalf of applicant, Mustaq with a prayer to release him on bail in Case Crime No. 319 of 2024, under Section 8/21/29 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Wazirganj, District- Budaun. Learned counsel for the applicant has contended that as per prosecution version 600 grams of Smack is alleged to have been recovered from the possession of the applicant. In fact no such recovery was effected from the applicant. The FIR has been lodged with the delay of two hours. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present ca