Criminal Misc. Bail Application allowed. The High Court granted bail to the applicant accused under the N.D.P.S. Act, noting prima facie satisfaction regarding the charge and the reformative theory of punishment.
Petitioner released on bail on furnishing personal bond and two sureties of Rs. One Lac each, subject to specified conditions.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6477 of 2019
Applicant :- Ishak Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sunil Kumar, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. The applicant has no concern with the present case. It is next contended that contraband substance, i.e. 1080 gram Alprazolam Powder, is said to have been recovered from the possession of the applicant. As a matter of fact no such recovery has been made from the applicant. The police has planted false recovery. Factum of recovery has not been supported by any independent or public witness to support the prosecution version. It is also contended that mandatory provisions enumerated under section 50, 52, 52A, 57 of N.D.P.S. Act has not been complied with. Further there is also no compliance of Section 42 and 51 of the N.D.P.S. Act. It is further contended that applicant is an old man languishing in jail since 23.1.2019, having no other criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail.
Considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, 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, without expressing any opinion on the merits of the case, I find it to be a case of bail.
Let applicant- Ishak Khan, involved in Case Crime No. 21 of 2019, under section 22 of N.D.P.S. Act, 1985, Police Station - Khurja Dehat, DistrictBulandshar, be released on bail on furnishing a personal bond and two sureties (Rs. One Lac each) (One should be of a family member) before the court concerned subject to 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 :- 22.2.2019 ssm
3 issues framed by the court
Whether the applicant is entitled to be released on bail in the proceedings under Section 22 of the N.D.P.S. Act, 1985.
Whether police failure to comply with mandatory provisions of the N.D.P.S. Act vitiates the prosecution case.
Whether the applicant can be released on bail subject to conditions to ensure attendance at trial.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
(2018) 3 SCC 22 · Who else cites this
8 provisions across 4 enactments
Ishak Khan
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
