LAWS(ALL)-2020-10-22

BABBU Vs. STATE OF U. P.

Decided On October 07, 2020
BABBU Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Sri Shiv Bahadur Singh, learned counsel for the applicant, Sri Nafis Ahmad, Sri Devendra Kumar Singh, Sri Sanjay Kumar Yadav, learned A.G.A. for the State and perused the material brought on record.

(2.) The present bail application has been filed on behalf of the applicant Babbu with a prayer to release him on bail in Case Crime No. 122 of 2020, under Sections 274, 275, 420 IPC and section 18(a)(i) and section 27 of Drugs and Cosmetics Act, 1940, Police Station- Chandauli, District Chandauli during pendency of trial.

(3.) The contention of learned counsel for the applicant is that no offence under sections 274, 275, 420 IPC, section 18(a)(i) and 27 of Drugs and Cosmetic Act, 1940 is made out against the applicant. Further submission advanced by learned counsel for the applicant is that two bags containing the blood have been recovered from the diggy of the motorcycle, the same was neither sent for the chemical examination nor the bar code of the blood was scanned by the police. Lastly argued that the applicant is innocent and has falsely been implicated in this case as there is no evidence to show that the applicant had any shop or he was a distributing agent or he was going to sell it, hence section 27 of the Act would not be attracted. The applicant is in jail since 4.7.2020.