CRIMINAL MISC. BAIL APPLICATION No. 46160 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:15728 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46160 of 2024 Applicant :- Awesh Opposite Party :- State of U.P. Counsel for Applicant :- Umesh Chandra Prajapati,Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Sri Ajay Singh, learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.217 of 2024 under Section 8/21/29 NDPS Act, Police Station Chilkana, District Saharanpur. In the prosecution case it is alleged that the police while on patrolling duty near Gafur's mango orchard. Upon suspicion the police has apprehended the applicant and from the tool box of the motorcycle inside the polythene 60 grams smack is said to have been recovered. Learned counsel for the applicant submits that there is no independent witness to the recovery. Mandatory compliance of Section 50 and 52A NDPS Act has not been done. The applicant has no criminal history. The recovered quantity is below commercial. The applicant is in jail since 19.11.2024. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the