Allahabad High Court · 2025-10-29
CRIMINAL MISC. BAIL APPLICATION No. 37218 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. BAIL APPLICATION No. 37218 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. BAIL APPLICATION No. 37218 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37218 of 2025 Vijay Divakar .....Applicant(s) Versus Union of India .....Opposite Party(s) Counsel for Applicant(s) : Hitesh Kumar Srivastava Counsel for Opposite Party(s) : Krishna Agarawal Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Hitesh Kumar Srivastava, learned counsel for the applicant, Shri Krishna Agarawal learned counsel for the Union of India and perused the record of the case. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant, Vijay Divakar with a prayer to release him on bail in Case Crime No. 4 of 2025, under Section 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- C.B.N., District- Bareilly. Learned counsel for the applicant has contended that 2 Kg. Opium is alleged to have been recovered from the joint possession of the applicant, which is below commercial quantity. 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 r