# CRIMINAL MISC. BAIL APPLICATION No. 44286 of 2025 at Allahabad

Court: Allahabad High Court
Date: 2026-01-06
Citation: CRIMINAL MISC. BAIL APPLICATION No. 44286 of 2025 at Allahabad
Petitioner: CRIMINAL MISC. BAIL APPLICATION No. 44286 of 2025 at Allahabad
Respondent: Unknown

[Official PDF on Allahabad High Court website](https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadOriginalHCJudgmentDocument.do?translatedJudgmentID=69565)

## Judgment text (excerpt)

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44286 of 2025 Mushabbar .....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Mohd. Naushad Counsel for Opposite Party(s) : G.A. Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Mohd. Naushad, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned A.G.A. for the State 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, Mushabbar, with a prayer to release him on bail in Case Crime No. 491 of 2025, under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Jhinjhana, District- Shamli. Learned counsel for the applicant has contended that 11 gm. of Smack powder is alleged to have been recovered from the possession of the applicant. 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

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