Single judge bail application under N.D.P.S. Act. Applicant alleged non-compliance of Section 50, lack of F.S.L. report, and low quantum of contraband. Court held it was a fit case for bail subject to specific conditions.
Applicant released on bail on furnishing personal bond and two reliable sureties subject to four specific conditions.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43864 of 2022
Applicant :- Hemant @ Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Piyush Agrawal,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 453 of 2022, under Sections 8/20 of N.D.P.S. Act, Police Station- Ramgarh, District - Firozabad.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the alleged recovery of 500 gram charas,which is less than the commercial quantity. It is further submitted that the there was no independent public witness to prove the alleged recovery. The mandatory provisions contained under Section 50 of the N.D.P.S. Act has not been complied with. There is no F.S.L. report which may confirm that the substance recovered is prohibited contraband. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 29.8.2022 and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has, however, opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant namely Hemant @ Kallu be released on bail in the aforesaid Case Crime Number on his/her furnishing personal
bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall file an undertaking to the effect that 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 absence, without sufficient cause, the trial court may proceed against applicant under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure presence of the applicant, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against the applicant, 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 the applicant in accordance with law.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 12.10.2022 Rahul Dwivedi/-
(Piyush Agrawal, J.)
Digitally signed by RAHUL DWIVEDI Date: 2022.10.12 14:54:35 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted in an NDPS case where mandatory provisions of Section 50 were not complied with and recovery was less than commercial quantity.
Whether the applicant poses a flight risk or likely to misuse bail liberty.
Whether the case is fit for granting bail despite the nature of allegations.
5 provisions across 3 enactments
Hemant @ Kallu
Piyush Agrawal
Rahul Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
