Court No. - 36

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3921 of 2022

Applicant :- Shivam Khurana

Opposite Party :- State Of U.P. Through Its Principal Secretary, Home

Counsel for Applicant :- Ashok Kumar Singh Bais

Counsel for Opposite Party :- G.A.

Hon'ble Salil Kumar Rai,J.

Heard the counsel for the applicant and the learned

Additional Government Advocate, representing the State.

The present bail application has been filed under Section

439 Cr.P.C. seeking bail in Case Crime No. 485 of 2021,

registered under Sections 414, 420, 307, 465 I.P.C at

Police Station- Kotwali Mandi District- Saharanpur during

the pendency of trial.

It has been argued by the counsel for the applicant that

the applicant is innocent and has been falsely implicated

in the present case. It has been further argued that no

recovery as alleged in the first information report was

made from the applicant and

there is no

independent/public witness to the alleged recovery. The

mandatory provison of Section 50 of the NDPS Act has

not been followed. It has been lastly argued that the co-

accused Sahil has already been granted bail by this court

vide its order dated 10.2.2022 passed in