Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33636 of 2021 Applicant :- Ashok @ Kala Opposite Party :- Union of India Counsel for Applicant :- Avinash Pandey,Ramesh Chandra Yadav Counsel for Opposite Party :- Ashish Pandey
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State, Sri Ashish Pandey, learned counsel for the informant 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.23 of 2020, under Sections 8 (C), 18, 29 of NDPS Act at Police Station Kalyanpur/N.C.B., District Fatehpur.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. From the joint possession of two accused persons including the applicant, 9 kg opium in 6 plastic packets have been recovered. He has further submitted that at the time of arrest, mandatory provisions of NDPS Act has not been complied with. He has further submitted that nothing has been recovered from the joint possession of the two accused persons including 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 similarly placed co- accused Sohan Lal has already been granted bail by another co- ordinate Bench of this Court vide order dated 11.06.2021 passed in Criminal Misc. Bail Application No.16302 of 2021, copy whereof has been annexed as Annexure No.6 to the affidavit filed in support of bail application. He further submits that since the co-accused has already been granted bail, the applicant is also entitled for bail on the ground of parity. The applicant is having criminal history of one case in which he is on bail. The applicant is in jail since 15.08.2020.
On the other hand, learned A.G.A. as well as learned counsel for the informant oppose the application for bail and has submitted that the applicant is having criminal history of one case, hence, applicant is not entitled for bail on the ground of parity of co-accused Sohan Lal.
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-Ashok @ Kala, 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 :- 16.9.2021 Ajeet