Rahul v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55763 of 2022

Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Dhar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned Counsel for the applicant and learned A.G.A. for the State.

The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 592 of 2022, under Section 21/22 of N.D.P.S. Act, Police Station- Vrindavan, District- Mathura during pendency of the trial.

It is submitted that the applicant has been falsely implicated in the instant case. False recovery of 130 gm. alprazolam powder has been shown from the applicant. There is no independent witness to the alleged recovery. There is no F.S.L. report to establish that the substance recovered is alprazolam. While weighing the recovered substance, the police has weighed it along with packing material. The police has deliberately shown the quantity of the alleged narcotics substance marginally higher in order to add to the gravity of the offence. No accurate scientific instruments were used for weighment. The applicant has no criminal history to his credit. The applicant is in jail since 18.11.2021. In case he is enlarged on bail, he will not misuse the said liberty.

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.