High Court of Judicature at Allahabad granted bail to Farman in an NDPS case involving possession of small dried leaves. Release ordered on personal bond and two sureties subject to conditions regarding appearance and non-interference.
Release on bail on personal bond and two local sureties subject to undertaking and appearance conditions.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23226 of 2021
Applicant :- Farman Opposite Party :- State of U.P. Counsel for Applicant :- Sadaful Islam Jafri,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.128 of 2021, under Section 8/20 of N.D.P.S. act, P.S. Nauchandi, District Meerut.
Learned counsel for the applicant submits that as per F.I.R. version 60 kg. small dried leaves were recovered from the possession of the applicant which is not covered within the definition of Ganja defined under N.D.P.S. Act. He further submits that the applicant has not committed the alleged offence. He has been falsely implicated in the present case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no other criminal history of the applicant and is languishing in jail since 29.03.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that the applicant has committed the alleged offence, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, as per F.I.R. version small leaves were recovered from the possession of the applicant as well as considering the definition of Ganja provided under the N.D.P.S. Act, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Farman involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he/she will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her 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/her 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/her, 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/her in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 16.7.2021 Jitendra
Digitally signed by Justice Ali Zamin Date: 2021.07.19 10:53:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, accused of possession of small dried leaves under NDPS Act, is entitled to bail with personal bond and sureties.
2 provisions across 2 enactments
Farman
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
