CRIMINAL MISC. BAIL APPLICATION No. 44537 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:38612 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44537 of 2024 Applicant :- Hari Om Opposite Party :- State of U.P. Counsel for Applicant :- Pranjal Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for applicant, learned A.G.A. for the State and perused the record. This bail application has been preferred by the accused- applicant, Hari Om, who is involved in Case Crime No. 362 of 2024, under Section 8/21 of N.D.P.S. Act, Police Station- Kotwali, District- Budaun. 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 150 gram Heroin and there is no public witness of the alleged recovery. It is further contended that mandatory provision of Section 50 of N.D.P.S Act has not been complied with. At the stage of consideration of bail it cannot be decided whether offer given to the applicant and his consent obtained was voluntary. These are the questions of fact which can be determined only during trial and not at the present stage. In case of prima facie non-compliance of mandat