Allahabad High Court · 2026-01-07
CRIMINAL MISC. BAIL APPLICATION No. 41528 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. BAIL APPLICATION No. 41528 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. BAIL APPLICATION No. 41528 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41528 of 2025 Durvesh Kumar .....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Surya Bhan Yadav Counsel for Opposite Party(s) : G.A. Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant, Brijendra Kumar, learned A.G.A. for the State-Respondent and perused the record of the case. The present bail application has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 0121 of 2025, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station G.R.P. Bareilly Junction, District Moradabad. Learned counsel for the applicant has contended that about 575 Gram of Opium is alleged to have been recovered from the possession of the applicant, which is below the 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 ruled out. It is next contended that in the present case the prosecution has failed to follow strictl