Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52672 of 2019 Applicant :- Chandan Rai Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Kant Rai Counsel for Opposite Party :- G.A
Hon'ble Ashok Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The accused applicant is involved in S.S.T no.327 of 2019 arising out of Case Crime No.131 of 2019, under section 18/20 N.D.P.S. Act, Police Station Gola, District Gorakhpur.
The contention of counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive, on the basis of false and planted recovery of 610 gram Alprozolam powder. It is further contended that there is no public witness of the alleged recovery.
Learned counsel for the applicant has placed a copy of the order dated 06.11.2019 passed in Criminal Misc. Bail Application No. 43639 of 2019 (Aditya Narayan Tiwari @ Nikki Tiwari vs State of U.P.) of co-accused, who was also arrested at the spot and recovery of 530 gm Alprojolam was made, has been granted bail (Annexure-4 to the bail application). The applicant is in custody since 29.03.2019.
In view of the aforesaid, learned counsel for the applicant prays for parity.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel and 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- Chandan Rai be released on bail in the aforementioned case crime on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:
1. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
2. 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.
3. In case, the applicant misuses the liberty of bail 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.
4. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 28.11.2019 A.Kr.*