Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29389 of 2021 Applicant :- Jishan Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Chandra Shekhar Mishra, learned counsel for the applicant, Sri Sanjay Kumar Singh, learned counsel for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Jishan with a prayer to release him on bail in Case Crime No. 258 of 2021, under Sections 8/21/60 N.D.P.S. Act, Police Station-Gangoh, District-Saharanpur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further argued that as per the allegation in the FIR, the police personnels, upon information received from the informer, raided on the spot and the applicant alongwith two other persons are said to have been arrested on the spot showing recovery of 300 gm 'Smack' from the joint possession of the accused persons, which is below the commercial quantity. It is next argued that the recovery shown by the Police is false and planted and is not supported by any independent witness. It is next argued that there is no analysis report of concerned Forensic Science Laboratory is available on record on the basis of which it can be said that the recovered material is contraband or not. It is next argued that the Police has also not complied with the provisions of Section 50 of NDPS Act as he was not searched before any Magistrate or gazetted officer. It is further argued that the co-accused Amarjeet Singh has already been granted bail by the co- ordinate Bench of this Court vide order dated 18.08.2021 passed in Cri. Misc. Bail Application No.30878 of 2021. The applicant has criminal history of four cases, which have satisfactorily been explained in paragraph-2 of the supplementary affidavit accompanying the present bail application. The applicant is languishing in jail since 08.06.2021 In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail they will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his 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 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 their 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by representative(s)/counsel of the applicant along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
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.
Order Date :- 22.9.2021 Jitendra/-