Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38366 of 2018 Applicant :- Deepu Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Sheetala Prasad Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri S.P.Pandey, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that 1kg.700 gm. contraband article, i.e., "Charas" is said to have been recovered from the possession of the applicant. It is further submitted that false recovery has been shown against the applicant and there is no independent witness of the alleged recovery. He also submits that there is no compliance of mandatory provisions of Sections1, 42 & 50 of N.D.P.S. Act, hence the recovery is bad in the eyes of law. It has also been submitted that the applicant is languishing in jail since 15.9.2015. The applicant has one criminal history which has been mentioned in paragraph 12 of the affidavit filed in support of the bail application and the same is still pending before the Court below.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation, period of detention and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Deepu Yadav involved in Case Crime No. 700 of 2015, under Sections 8/20 N.D.P.S. Act, Police Station Chhavni, District Basti be released on bail on his furnishing a personal bond with two sureties each to the satisfaction of the court concreted with the 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.11.2018 IA