Neutral Citation No. - 2025:AHC:16902 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42666 of 2024 Applicant :- Rajesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Murari Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Shyam Murari Upadhyay, learned counsel for the applicant, Shri Rakesh Kumar Singh, 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, Rajesh Kumar with a prayer to release him on bail in Case Crime No. 56 of 2024, under Sections 8/20/29/37 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Kasana, District- Gautam Buddha Nagar. Learned counsel for the applicant has contended that applicant was not present on the spot. The recovery of 3 quintal 51 kg 100 grams Ganga has not been effected from the possession of applicant. The applicant is the husband of the owner of the vehicle. The vehicle is not registered in the name of the applicant. The applicant was not arrested from the spot. His name has been surfaced on the record on the basis of confessional statement of co-accused persons. 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. Learned counsel for the applicant submits that provisions of Section 52 A of the NDPS Act has also not been complied with and false recovery from the joint possession of other two accused persons. The applicant, who is in jail since 17.10.2024 having no 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. Learned AGA has vehemently opposed the prayer for bail by submitting that co-accused Harish Kumar @ Ankur, who was driver of the vehicle, in his statement has said that applicant was indulged in the business of purchase and selling the contraband. Applicant used to purchase the contraband from Andra Pradesh and used to sell the contraband in the nearby area of N.C.R. Considering the facts and circumstances of the case, 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 :- 23.1.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad