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2024 Supreme(All) 190

KRISHAN PAHAL
Rajesh Rauniyar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashish Kumar, Dinesh Kumar Pandey

JUDGMENT :

1. List has been revised. Heard Sri Dinesh Kumar Pandey, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.

2. Applicant seeks bail in Case Crime No. 81 of 2023, U/S 8/22/23 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station-Thuthibari, District -Maharajganj, during the pendency of trial.

3. As per the allegations of the FIR, 400 ampules of 2 ml each of buprenorphine injection and 440 ampules of 2 ml each of diazepam injection were recovered from the possession of the applicant, which was being carried in his bag on 23.4.2023.

4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case out of local political rivalry. Learned counsel has stated that even no sample has been sent for testing at the FSL to indicate that the said contraband falls within the category of psychotropic substances. It is next stated that the applicant is ready to co-operate in the trial.

5. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against h

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