Nawab v. State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 38719 of 2025

Nawab

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)		: Sayeed Saif Ullah
Counsel for Opposite Party(s)		: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard learned counsel for the applicant, Sri Puneet Kumar Singh, learned A.G.A. for the State-Respondent and perused the record of the case.

The present bail application has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 400 of 2025, under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Kotwali Mandi, District Saharanpur.

Learned counsel for the applicant has contended that about 15 Gram Smack is alleged to have been recovered from the possession of the applicant which is below the commercial quantity. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. There is no report of chemical analyst. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant is in jail since 03.10.2025. He submits that the applicant is having no criminal history to his credit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. In case the applicant is released on bail he will not misuse the liberty of bail.