Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44218 of 2021 Applicant :- Ankit Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
It is urged by learned counsel for the applicant that co-accused Suhail arising from the same recovery of 7800 tablets of Alprazolam in separate case (Case Crime No. 323 of 2021) has already been enlarged on bail by the co-ordinate Bench of this Court; applicant was arrested alongwith co- accused in a separate case (Case Crime No. 324 of 2021) for the same recovery. It is urged that the recovery is planted; the weight of recovered substance is below the notified commercial quantity; the recovery was made in violation of Section 42 read with section 50 of the N.D.P.S. Act; there is no independent witnesses to the alleged recovery; no Forensic Science Laboratory (FSL) report has been submitted with regard to the substance. It is lastly submitted that the applicant has no other reported criminal antecedent and he is languishing in jail since 15.08.2021, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. opposed the prayer for bail.
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 tempering 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, Ankit, involved in Case Crime No. 324 of 2021, under section 8/21 N.D.P.S. Act, Police Station Simbhawali, District Hapur, be released on bail on his furnishing a personal bond with two sureties 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.
Order Date :- 24.12.2021 K.K. Maurya