CRIMINAL MISC. BAIL APPLICATION No. 45809 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:24135 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45809 of 2024 Applicant :- Vishal Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar,Chandrabhan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Vijendra Kumar, 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, Vishal Gupta, with a prayer to release him on bail in Case Crime No. 77 of 2024, under Sections 8/21, 27A, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Shahganj, District- Sonbhadra. Learned counsel for the applicant has contended that 250 gm. of Heroine is alleged to have been recovered from the possession of the applicant. In fact no such recovery was effected from the applicant. 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 case the prosecution has failed to follow strictly the provisions of Section