CRIMINAL MISC. BAIL APPLICATION No. 46476 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:42071 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46476 of 2024 Applicant :- Brajesh Opposite Party :- State of U.P. Counsel for Applicant :- Preyansh Mishra Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Rejoinder affidavit filed by learned counsel for the applicant is taken on record. 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, Brajesh, who is involved in Case Crime No. 581 of 2024, under section 8/20 of the N.D.P.S. Act, Police Station-Pilkhuwa, District- Hapur. Learned counsel for the applicant has submitted that 27.400 K.G. Ganja has been recovered from joint possession of four persons including the applicant 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 ca