Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29883 of 2021 Applicant :- Ashutosh Kumar Jaiswal Opposite Party :- Union of India Counsel for Applicant :- Ajai Kumar,Anoop Trivedi (Senior Adv.),Ayodhya Prasad Mishra,Shashi Bhushan Mishra Counsel for Opposite Party :- Ashish Pandey
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned counsel for the N.C.B and perused the 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. 16 of 2021, under Sections 8/21/29 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, at Police Station N.C.B., District Lucknow.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant is in jail since 20.5.2021.
It is further contended that similarly placed co-accused Rajesh Jaiswal and Sunil Kumar Jaiswal have already been granted bail by this court vide orders dated 9.12.2021 and 16.12.2021 in Criminal Misc. Bail Application Nos. 50513 of 2021 and 39489 of 2021 therefore the applicant is also entitled for bail on the ground of parity.
I have perused the bail order of the co-accused and find that the role assigned to the present applicant is almost similar to that of co-accused person, who has already been granted bail by this Court.
On the other hand, learned counsel for N.C.B. opposes the application for bail.
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 Ashutosh Kumar Jaiswal, 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 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.
Order Date :- 21.12.2021 A.