Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28119 of 2021 Applicant :- Hridesh Opposite Party :- State of U.P.
Counsel for Applicant :- Pramod Bhardwaj,Pawan Kumar Bhardwaj,Rakesh Kumar Maurya,Sharda Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard Sri Sharda Prasad Mishra learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.218 of 2020, under Section 8B/20 N.D.P.S. Act, P.S. Naraura, District Bulandshahr.
Learned counsel for the applicant submits that as per F.I.R. version on 01.12.2021, 1 kg. smack was recovered from the possession of the applicant and co-accused Gaffar. He further submits that there is no independent witness of the alleged recovery. He further submits that the co-accused Gaffar has been enlarged on bail this Court vide order dated 03.09.2021 in Criminal Misc. Bail Application No.29750 of 2021, therefore, the applicant is also entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and is languishing in jail since 22.12.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, identical case of applicant and co-accused Gaffar and enlargement of co-accused on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Haridesh involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he/she will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her 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/her 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/her, 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/her in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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.
Order Date :- 24.9.2021 Jitendra