Court grants bail to Amarnath Jaiswal in NDPS trial for possession of Ganja. Issued personal bond with sureties and specific conditions. Cited constitutional mandate.
Released on bail on personal bond with two sureties subject to specific conditions of presence and no abuse of liberty.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43007 of 2018
Applicant :- Amarnath Jaiswal Opposite Party :- State Of U.P. Counsel for Applicant :- Sudhir Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Sri S.K.Srivastava, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the applicant is a businessman and due-to old enmity with the police he has been falsely roped in the present case It is further contended that 29 kg. contraband article, i.e. "Ganja" is said to have been recovered from the joint possession of the applicant and other co-accused persns. He further submits that there is no compliance of mandatory provisions of Sections 42, 50, 52 & 57 of N.D.P.S. Act and there is also no compliance of sections 100 & 165 Cr.P.C., hence the recovery is bad in the eyes of law. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 4.7.2018. The applicant has no other reported criminal antecedent. Co-accused Sanjai Kumar Jaiswal has already been released on bail by this Court on 7.12.2018 in Criminal Misc. Application No.46973 of 2918.
Learned A.G.A. has vehemently opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicant is entitled to be released on bail.
Without expressing any opinion on the merits of the case let the applicant Amarnath Jaiswal involved in Case Crime No. 193 of 2018, under Section 8/20 of N.D.P.S. Act, Police Station Mutthiganj, District Allahabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 10.1.2019 IA
3 issues framed by the court
Whether the applicant is eligible for bail in a case involving possession of narcotics under Section 8/20 NDPS Act.
Whether the non-compliance of mandatory provisions of the NDPS Act and Cr.P.C. makes the recovery liable to be set aside.
Whether the larger mandate of Article 21 of the Constitution justifies the grant of bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
6 provisions across 3 enactments
Amarnath Jaiswal
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
Parties & counsel
