Anil Bhartiya v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14178 of 2022

Applicant :- Anil Bhartiya Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Chandra Kumar Rai,J.

Heard Mr. Brijesh Kumar, learned counsel for the applicant, learned A.G.A. and perused the record..

The instant bail application has been filed on behalf of the applicant-Anil Bhartiya with a prayer to release him on bail in Case Crime No. 262 of 2021, under Section 8/20 N.D.P.S. Act, Police Station-Shivkuti, District-Prayagraj, during pendency of trial.

It is contended by learned counsel for the applicant that the applicant has been falsely implicated in the instant case. In the present case 1.150 grams ganja, which is below the commercial quantity, is alleged to have been recovered from the possession of the applicant. There is no compliance of Sections 42 to 57 of the N.D.P.S. Act. The prosecution story is not supported by any independent witness. The applicant is not involved in any other case of N.D.P.S. Act. It is further submitted that criminal history of 12 cases of the applicant have properly been explained in para No.12 of the affidavit filed in support of the bail application. It is next submitted that co-accused-Rishabh, from which 1.100 gram ganja has been recovered has already been granted bail by the Court below vide order dated 10.01.2022, copy of which has been annexed as Annexure No.2, therefore, applicant is also entitled to be released on bail. The applicant is in Jail since 20.12.2021.