Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47368 of 2017 Applicant :- Mahendra Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Lal Mani,Haridwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Haridwar Singh, learned Counsel for the applicant and learned AGA for the State.
This bail application has been filed by the accused-applicant Mahendra Patel, who is involved in Case Crime No.-199 of 2017, under Sections 8/20 N.D.P.S. Act, 1985, Police Station Chauri, District Bhadohi.
Learned Counsel for the applicant submits that accused/applicant has been falsely implicated in this case. It is further submitted that allegedly, 415 Kg of Ganja was shown to have been recovered from possession of the accused-applicant is totally false and fabricated. It is further submitted that under Section 50 of the N.D.P.S. Act has not been complied with at the time of alleged recovery. No public witness was taken at the time of recovery. Applicant is languishing in jail since 27.08.2017. It is next submitted that if the applicant is granted bail, he will not misuse the liberty of bail.
Per Contra, learned A.G.A. has opposed the prayer for bail and submitted that 415 Kg of Ganja is recovered from the possession of the applicant and he has no licence to possess the same. So called huge recovery cannot be falsely implicated by the police.
Considering the facts and circumstances of the case and rival contentions of learned counsel, without commenting upon merits of the case, I do not find any good ground to release the accused-applicant on bail.
Accordingly, the bail application is rejected.
However, it is directed that trial Court shall make all endavour to decide the case preferably within four months without granting unnecessary adjournment to the parties.
Order Date :- 29.1.2019 I.A.Siddiqui