Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:103663 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7026 of 2025 Applicant :- Ravi Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Nishad Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1.Sri Anil Kumar Dubey, Advocate appears for the applicant and submits that the accused/applicant has been falsely implicated in Case Crime No.01 of 2025, under Sections 8/20(A) N.D.P.S. Act, Police Station Atarra, District Banda.
2. Learned counsel for the accused-applicant, contends that a quantum of 20.700 kgs Ganja has been allegedly recovered from the accused-applicant, which is allegedly grown in the open space of his house. There is no independent witness of arrest and recovery. The mandatory provision of Section 50 N.D.P.S. Act has not been complied. The applicant is languishing in jail since 02.01.2025. As such, he prays that the accused/applicant be enlarged on bail.
3. Learned A.G.A. has opposed the prayer for bail and submitted that a huge quantity of contraband has been confiscated at the behest of the accused. The charge-sheet has already been submitted.
4. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records.
5. The record prima facie reveals that the arrest and recovery has been made in absence of independent witness. The mandatory compliance of N.D.P.S. Act is the matter of adjudication. Charge-sheet has already been submitted.
6. Hence, without touching the merit of the case, the bail application is allowed.
7. The accused/applicant-Ravi Mishra be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned. Order Date :- 3.7.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad