CrPC bounty application filed by Subhash for bail in a case under NDPS Act involving drug recovery. Court found him a fit case for bail despite prosecution opposition, imposing standard bail conditions and requiring surety verification.
Released on bail on personal bond and two sureties subject to specific conditions regarding attendance and trial conduct.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6323 of 2021
Applicant :- Subhash Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Mishra,Shashank Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 473 of 2020, under Sections 8/20 N.D.P.S. Act, Police Station Panki, District Kanpur Nagar.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case on false facts. Learned counsel for the applicant has submitted that 20 Kg Ganja and Rs. 900 are said to have been recovered from the possession of the applicant. He has further submitted that nothing has been recovered from the possession of the applicant and the alleged recovery is false and fabricated. There is no independent eye witness of the alleged recovery, which has been shown by the police. He has further submitted that provisions of section 50 of N.D.P.S. Act has not been complied with. It is next submitted that co-accused Pramod Kumar, Chandra Shekhar and Kishan Singh have been granted bail by co-ordinate Bench of this Court vide orders dated 20.7.2021, 25.8.2021 and 9.12.2021 passed in Criminal Misc. Bail Application Nos. 1753 of 2021, 6269 of 2021 and 44646 of 2020 respectively, therefore, applicant is also entitled to be released on bail on the ground of parity. 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. The applicant has no criminal history and he is languishing in jail since 9.10.2020. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
On the other hand, learned A.G.A. opposes the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant- Subhash, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 1.9.2021 SY
2 issues framed by the court
Whether the applicant is a fit case for bail under Section 439 CrPC in a narcotics offence.
Whether non-compliance with Section 50 of the NDPS Act and lack of independent witnesses warrant granting bail.
7 provisions across 3 enactments
Subhash
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Shekhar Kumar Yadav
Parties & counsel
