Imamuddin v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32159 of 2019

Applicant :- Imamuddin Opposite Party :- State Of U.P. Counsel for Applicant :- Bindu Kumari Counsel for Opposite Party :- G.A.

Hon'ble Rajendra Kumar-IV,J.

Heard Ms. Bindu Kumari, learned counsel for the accusedapplicant, learned A.G.A. for State and perused the material available on record.

This bail application has been filed by the accused-applicant Imamuddin, who is involved in Case Crime No.144 of 2018, under Sections 8/20 NDPS Act, Police Station Dankaur, District Gautam Budh Nagar.

Learned Counsel for the applicant submits that accused/applicant has been falsely implicated in this case. It is further submitted that recovery shown from the possession of applicant is false and fake. Mandatory provisions of N.D.P.S. Act have not been strictly complied with. There is no public witness at the time of arrest and recovery. Applicant is languishing in jail since 02.03.2018 It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

Per contra, learned A.G.A. has opposed the bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that 1 kg and 250 gms of Charas has been recovered from the possession of applicant.