CRIMINAL MISC. BAIL APPLICATION No. 9249 of 2024 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9249 of 2024 Ashish Kumar @ Shesh .....Applicant(s) Versus State Of U.P. Thru. Secy. Home Deptt. Lucknow .....Opposite Party(s) Counsel for Applicant(s) : Dinesh Kr. Sharma, Arshad Hafeez Khan, Eshan Garg, Prachi Arya Counsel for Opposite Party(s) : G.A. Court No. - 28 HON'BLE RAJEEV BHARTI, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No.417 of 2024, under sections 8/21 N.D.P.S. Act, Police Station- Dewa, District- Barabanki. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that as per the prosecution story, 270 gms of smack is said to be recovered from the possession of the applicant, which is slightest above the commercial quantity, though recovery has not been effected in the presence of independent witnesses. He added that there is non-compliance of Section 50 of N.D.P.S. Act as no gaz