1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant in FIR No.0371/2020, under Sections - 8/20 NDPS, Police Station - Deva, District - Barabanki.
3. It is alleged that from the possession of the accused-applicant 26 Kg of Ganja was recovered.
4. Learned counsel for the applicant submits that the recovery was effected from the public place. There is no public witness to the recovery. It is further submitted that there has been gross violation of provision of Section 50 of the NDPS Act. He also submits that accused-applicant has no criminal history of any nature. He has been in jail since 23.9.2020 and the accused-applicant may be put to some financial burden as a condition of bail.
5. Learned Additional Government Advocate has refuted the contention of the learned counsel for the accused-applicant and submits that large quantity of contraband was recovered from the possession of the accused. Accused-applicant consented to be searched by the police party and therefore he cannot say that there was violation of Section 50 of the NDPS Act.
6. I have considered the submissions of learned counsel for the petitioner and learned Additional Government Advocate and perused the record. Quantity of contraband allegedly recovered from the accused is of commercial quantity as prescribed under the statute but there is no criminal history of the accused-applicant in dealing with the narcotic substances or his involvement in any other offences. Considering that the accused-applicant is languishing in jail since 23.9.2020, it would be appropriate to enlarge him on bail with some financial burden of say Rs.50,000/-.
7. Let applicants - Amit Kumar Rawat @ Lucky be released on bail in the aforesaid case on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The accused-applicant shall deposit a sum of Rs.55,000/- in the account of Chief Minister's Distress Relief Fund-COVID Care Fund, U.P. within a period of four weeks from the date of his release and submit a receipt thereof before the trial court. In case of failure to deposit the aforesaid amount within the stipulated period, his bail shall be treated to have been cancelled and he shall be taken into custody forthwith.
(ii) The applicant shall file an undertaking to the effect that she 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.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure 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 her, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) 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 her in accordance with law.
Order Date :- 8.1.2021 mks