Farman v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56405 of 2021

Applicant :- Farman Opposite Party :- State of U.P. Counsel for Applicant :- Rameshwar Prasad Mishra Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

It is submitted that applicant is innocent and has been falsely implicated in this case by the police showing false recovery of 115 gms. alprazolam which is little more than the commercial quantity i.e. 100 gms. No compliance of Section 50 of the N.D.P.S. Act was done while making search and recovery from the possession of the applicant. There was no public witness at the time of alleged recovery. Applicant is languishing in jail since 19.08.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Learned A.G.A. opposed the prayer for bail.

Considering the facts and circumstances of the case, the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.