Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48145 of 2021 Applicant :- Bhoora Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Shekhar Mishra,Sayeed Saif Ullah,Sufia Saba Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard Sri Chandra Shekhar Mishra, learned counsel assisted by Sri Sayeed Saif Ullah, learned counsel for the applicant, learned AGA and perused the record.
The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 242 of 2021, under Section 8/20 N.D.P.S. Act, 1985, Police Station Mirzapur, District Saharanpur, during pendency of trial.
Co-accused Sadik and Aamir have been enlarged on bail by coordinate Bench of this Court vide orders dated 23.11.2021 & 2.12.2021, passed in Criminal Misc. Bail Application Nos. 49372 of 2021 & 49686 of 2021 respectively. As per prosecution case, 700 gm. charas was recovered from a black polythene lying on the spot. It is urged that recovery has not been made from the applicant; criminal antecedent has been duly explained; there is no compliance of mandatory provisions of Sections 41, 55, 50, 57 of N.D.P.S. Act; there is no independent witness of the alleged recovery; applicant is languishing in jail since 27.09.2021. It is lastly urged that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 tampering 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-Bhoora, involved in aforesaid 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 with the following conditions which are being imposed in the interest of justice:-
(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.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 24.12.2021 Mukesh Kr.