Neutral Citation No. - 2025:AHC:18706 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43327 of 2024 Applicant :- Amir Opposite Party :- State of U.P. Counsel for Applicant :- Vishvajit Tiwari,Yogesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Arimardhan Yadav, learned A.G.A. for the State and perused the record of the case. The present bail application under Section 439 Cr.P.C., has been filed on behalf of applicant, Amir with a prayer to release him on bail in Case Crime No. 683 of 2024, under Section 21/22 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Kasganj, District- Kasganj. Learned counsel for the applicant has contended that as per prosecution version 770 grms of Diazapam contraband is alleged to have been recovered from the possession of the applicant. In fact no such recovery was effected from the applicant. As per prosecution story, the alleged incident taken place on 19.10.2024 while the FIR has been lodged on 20.10.2024. No explanation has been given in delay in lodging the FIR. 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 42, 50 and 57 of the N.D.P.S. Act. 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, who is in jail since 20.10.2024 having two cases of criminal history to his credit, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity. I have considered the rival submissions advanced by learned counsel for the parties and perused the material available on record. It is evident that during search contraband was alleged to be recovered from the conscious possession of the applicant, which is more than commercial quantity. The applicant has expressed his desire to get himself search before the Investigating Officer. From the perusal of the evidences, collected during investigation so far, prima facie, the involvement of the accused in the present case cannot be ruled out. No reason is found to falsely implicate the applicant/accused. Therefore, there is no good ground to release the applicant-accused on bail at this stage. All the contentions raised by the learned counsel for the applicant pertain to the merits of the case and the same cannot be considered while considering application for grant of bail. This court is unable to form an opinion at this stage that the accused has not committed an offence. In the ultimate conclusion, considering the facts and circumstances of the case, gravity of the offence, severity of punishment, in my opinion, no case for bail is made out. Accordingly, the bail application is hereby rejected. It is clarified that the observations made regarding the bail application is limited to the decision of the bail application and any observations made herein shall not effect the trial of the case. Order Date :- 4.2.2025 Ravi/Deepak (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad