Second bail application in an NCB case where trial is delayed. Court granted bail emphasizing non-proceeding of trial and lack of antecedents. Due to lock-down, releases on personal bond only.
Released on bail on personal bond of Rs. One Lac with two sureties each in the like amount.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44060 of 2020
Applicant :- Man Singh
Opposite Party :- Union Of India Through Intelligence Officer Counsel for Applicant :- Shahnawaz Khan,Ayank Mishra Counsel for Opposite Party :- Ashish Pandey
Hon'ble Suneet Kumar,J.
Heard Sri Shahnawaz Khan, learned counsel for the applicant, Sri Ashish Pandey, learned counsel appearing for the Narcotic Control Bureau and perused the material on record.
This is the second bail application. The first bail application was rejected by order dated 27.1.2020.
It is urged that the changed circumstances in filing the instant application is that the trial is not proceeding despite expedite order passed by this Court; it is urged that prosecution witness is yet to be cross examined; there are seven witnesses, therefore it is submitted that the trial is not likely to be concluded expeditiously; applicant is languishing in jail since 27.10.2018; applicant is having no criminal antecedent; it is further submitted that co-accused Arun Kumar Dixit and Sudhakar Mishra have already been enlarged on bail by this Court vide orders dated 27.11.2021 and 7.12.2021; it is urged that applicant was not arrested on the spot, his name surfaced in the statement of the co-accused; applicant came to be arrested after two months pursuant to a notice issued by the Narcotic Control Bureau; the trial is not likely to be concluded expeditiously in near future. Applicant undertakes to cooperate with the trial and not seek unnecessary adjournments except with the leave of the court, he further undertakes that if enlarged on bail, he will never misuse his liberty and will cooperate in the trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant - Man Singh involved in N.C.B. Case No. 17 of 2018, under Sections 8/20/27A/29 of Narcotics Drugs & Psychotropic Substance Act, 1985, Police Station Narcotics Control Bureau, District Lucknow be released on bail on his furnishing a personal bond of Rs. One lac with two sureties (one should be of his family members) each in the like amount to the satisfaction of the 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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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 view of the extraordinary situation prevailing in the State due
to Covid-19, the directions of this Court dated 6.4.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.), shall also be complied.
The order reads thus:
"Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accusedapplicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release." Order Date :- 16.12.2021
Arif
2 issues framed by the court
Whether bail should be granted to the applicant given the length of trial and changing circumstances despite previous rejection.
Whether the applicant can be released on a personal bond without physical sureties due to the lock-down situation.
5 provisions across 3 enactments
Man Singh
Union Of India
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
