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2025 DAILYLAW 9572 (ALL)

KASAMDEEN v. STATE OF U.P.

BAIL/2000/2025 · 2025-07-06

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106218 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2000 of 2025 Applicant :- Kasamdeen Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Shishodia Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Jitendra Kumar Shishodia, Advocate appears for the applicant and submits that the accused/applicant has been falsely implicated in Case Crime No.304 of 2024, under Sections 8/20 N.D.P.S. Act, Police Station Sector 63, Noida, District Gautam Budh Nagar. 2. Learned counsel for the accused-applicant, contends that the applicant has been falsely implicated in the case by the police. The quantum of 205 Kgs. of ganja has been allegedly recovered from the possession of the accused-applicant. There is no independent witness of arrest and recovery. The mandatory provision of Section 50 N.D.P.S. Act has not been complied. There is no criminal history to the credit of the accused-applicant. The applicant is languishing in jail since 15.07.2024. 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-applicant. 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. The accused-applicant has no criminal antecedents as per report and he is in jail since July, 2024. 7. Hence, without touching the merit of the case, the bail application is allowed. 8. The accused/applicant-Kasamdeen 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 :- 7.7.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad