Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30160 of 2019 Applicant :- Talewar @ Kishan Baheliya Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 05 of 2019, under Section 21/22 N.D.P.S. Act, P.S. G.R.P. Mainpuri, District Mainpuri with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case and that no such recovery has been made from him. It has been argued that the provisions of of N.D.P.S. Act have not been complied with. It has been lastly argued that the applicant is in judicial custody since 20.05.2019.
Learned A.G.A. has opposed the prayer for bail and argued that recovery of 140 grams of alprazolam has been made from the possession of applicant and it was also stated that there is criminal history of four cases against the applicant.
In the alleged incident, recovery of 140 grams of alprazolam has been shown from the applicant, which is above the commercial quantity. It is also clear from the record that similar recovery was made from his companions and including that recovery, total 450 grams of alprazolam was recovered.
Considering the submissions of learned counsel for the parties, quantity of recovered contraband, criminal history of applicant as well as all his companions, without expressing any opinion on merits of the case, at this stage, prima facie, no case for bail has been made out.
Accordingly, the present bail application is rejected. Order Date :- 31.7.2019 A. Tripathi