Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48609 of 2021 Applicant :- Haseen 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 Sanjay Kumar Pachori,J.
Supplementary affidavit, filed today, is taken on record.
Heard Sri Syed Saif Ullah, learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant Haseen under Section 439 of The Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No.254 of 2021 under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Mirzapur District Saharanpur, during pendency of the trial.
The facts, in brief, are that the first information report dated 05.10.2021 has been lodged against the applicant and other co- accused and his sister Haseen on the information of the informer on 05.10.2021 at 08.10 hours. A police report on the information of police informer reached the street near the Government Hospital and arrested the applicant and his sister and recovered 800 grams charas.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case due to ulterior motive. No incriminating article has been recovered from the possession of the applicant. The alleged recovery of 800 grams charas which is below commercial quantity has been recovered from the place of incident as mentioned in the first information report is made without complying mandatory provisions of Section 100 of Cr.P.C. and the information received by the first informant is not sent to the next Superior Officer after the incident in compliance of Section 42 of N.D.P.S. Act.
It is next contended that no other criminal antecedent to his credit. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 05.10.2021 undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra learned A.G.A. has opposed the prayer for bail. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Upon considering the totality of facts and circumstances of the case and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed.
Let applicant, Haseen 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-
(i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) 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 of Cr.P.C.
(iv) 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 the trial court.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 24.12.2021 SK Goswami