Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38855 of 2019 Applicant :- Ashphak @ Munna Opposite Party :- State Of U.P.
Counsel for Applicant :- Devesh Pandey,Pravinendra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.97 of 2019 Under Section 8/21 N.D.P.S. Act Police Station Shakti Nagar, District-Sonebhadra.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case with an ulterior motive. It has further submitted that the alleged recovery of 40 gms heroin shown from the possession of the applicant is less than commercial quantity. It has further submitted that neither the applicant was apprehended on the spot nor any incriminating articles were recovered from the possession of the applicant. He has no concerned with the alleged recovery. The mandatory provisions of section 50 of the N.D.P.S. Act has not been complied with. It has lastly submitted that applicant is in jail since 02.09.2019 and he is having no previous criminal history. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
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 the applicant (Ashphak @ Munna) be released on bail in the aforesaid case crime number on his 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 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 :- 25.9.2019 Pr/-