CRIMINAL MISC. BAIL APPLICATION No. 46308 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:20181 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46308 of 2024 Applicant :- Burhaan Opposite Party :- State of U.P. Counsel for Applicant :- Sayeed Saif Ullah,Sufia Saba Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Rajesh Kumar Singh, learned A.G.A. for the State and perused the record of the case. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita has been filed on behalf of applicant, Burhaan with a prayer to release him on bail in Case Crime No. 159 of 2024, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Mirzapur, District-Saharanpur. Learned counsel for the applicant has contended that as per FIR, 389 gm. of charas is alleged to have been recovered from the possession of the applicant, which is below commercial. 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