Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13402 of 2021
Applicant :- Guddu
Opposite Party :- State of U.P.
Counsel for Applicant :- Shri Krishna Tripathi,Praveen Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard learned counsel for applicant and learned A.G.A. for State.
2. Perused the record.
3. This application for bail has been filed by applicant-Guddu seeking his enlargement on bail in Case Crime No. 10 of 2021, under section 8/20 N.D.P.S. Act, P.S. Babupurwa, District- Kanpur Nagar during pendency of trial.
4. Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in present case. The alleged recovery of 500g charas has been falsely planted on the applicant. However same is below commercial quantity. There is no independent witness of alleged recovery. Compliance of provisions of section 50 N.D.P.S. Act has not been made. It is further submitted that applicant has criminal antecedents to his credit. There are four other cases registered against applicant which has been explained in para 14 of the affidavit filed in support of bail application. He further submitted that the co- accused Maya has already been enlarged on bail vide order dated 18.3.2021 passed by co-ordinate bench of this Court in Crl. Misc. Bail Application No. 12839 of 2021. Copy of the bail order has been placed by learned counsel for applicant which is taken on record. For ready reference same is reproduced hereunder:-
"Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed on behalf of the applicant Maya with a prayer to release him on bail in Case Crime No. 09 of 2021, under Sections 8/20 N.D.P.S. Act, Police Station- Babupurwa, District- Kanpur Nagar, during pendency of trial.
Submission of counsel for the applicant is that the amount of the contraband which has been allegedly recovered from the possession of the accused is not supported by any independent witness. Other submissions showing the falsity of the prosecution story with regard to the recovery have also been made. Further contention is that the statutory provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with in the right manner. The counsel has also tried to demonstrate the circumstances indicating the false implication of the applicant. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 19.01.2021.
Learned AGA for the State has opposed the prayer for bail.
The Apex Court in the Case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798 has held that the court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty. It is for the limited purpose essentially confined to the question of releasing the accused on bail that the court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds. But the court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty.
Considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let the aforesaid applicant, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. 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.
6. 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.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
8. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.
9. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
10. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail."
5. On the aforesaid premise, it is urged that for the facts and reasons recorded in order dated 18.3.2021 applicant is liable to be enlarged on bail. It is also urged that the case of the applicant is similar and identical to the case of co-accused Maya. As such, applicant is liable to be enlarged on bail on the ground of parity also. Applicant undertakes that he will not misuse the liberty of bail in case, he is enlarged on bail. Applicant is in jail since 19.1.2021.
6. Learned A.G.A. has vehemently opposed the prayer of bail.
7. Having heard learned counsel for applicant, learned A.G.A. for State and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused, accusations made and larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
8. Let the applicant-Guddu be enlarged on bail in Case Crime No. 10 of 2021, under section 8/20 N.D.P.S. Act, P.S. Babupurwa, District- Kanpur Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
9. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 8.4.2021 Ankita