CRIMINAL MISC. BAIL APPLICATION No. 39241 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:41971 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39241 of 2024 Applicant :- Kapil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh 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, Kapil Kumar, with a prayer to release him on bail in Case Crime No. 782 of 2024, under Sections- 8/20 of N.D.P.S. Act, Police Station- Civil Lines, District- Moradabad, pendency of trial. There is allegation of recovery of 40 kg of ganja allegedly made from four 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 40 kg of ganja and there is no public witness of the alleged recovery. He next submitted that the mandatory provisions contained in Sections 41, 50, 52, 53 and 57(2) of the NDPS Act were not complied with while making the alleged search and recovery. At the stage of consideration