The Allahabad High Court granted bail to the applicant in a case alleging drug possession under the NDPS Act, subject to personal bond, two sureties, and specific conditions regarding court attendance and conduct during the trial.
Release on bail subject to personal bond, two local sureties, and conditions regarding court attendance and conduct.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39294 of 2022
Applicant :- Vikas Kumar Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant- Vikas Kumar Gautam with a prayer to enlarge him on bail in Case Crime No. 154 of 2022, under Sections 8/20 N.D.P.S. Act, Police Station-Bhadohi, District-Bhadohi, during the pendency of the trial.
It has been argued 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. Nothing incriminating has been recovered from the possession of the applicant or his pointing out. It is further submitted that 2.5 kgs. of 'Ganja' are alleged to have been recovered from the possession of the applicant. There is no compliance of Sections 50 and 52 of the N.D.P.S. Act and also no report of Forensic Science Laboratory on the basis of which it can be said that the alleged recovered item was a contraband. There is also no independent witness. It is further contended that co-accused, namely, Rohit Gautam has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 11.08.2022 passed in Criminal Misc. Bail Application No. 34875 of 2022. The case of the present applicant is similar and identical to that of the aforesaid coaccused. As such, the applicant is also liable to be enlarged on bail. The applicant has criminal history of seven cases, which have been explained in para nos. 8 to 14 of the affidavit filed in support of bail application. It is next contended that 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. The applicant is in jail since 16.06.2022.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the the nature of the offence, provision for initiation of cases and release of the accused, complicity of the accused, severity of punishment as well as the submissions made by the learned counsel for the parties, let the applicant involved in aforesaid case crime be released on bail on his 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 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 27.9.2022 SK Srivastava
Digitally signed by SAILESH KUMAR SRIVASTAVA Date: 2022.09.27 18:18:34 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant Vikas Kumar Gautam should be released on bail in a case under Sections 8/20 N.D.P.S. Act.
4 provisions across 2 enactments
Vikas Kumar Gautam
Shiv Shanker Prasad
S.K. Srivastava
As recorded by the court registry
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