Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 267 of 2019, under Sections 8/21 of NDPS Act, Police Station Rupaidiha, District Bahraich.
As per version of F.I.R. when applicant was apprehended on 09.07.2019 by the joint team of SSB and police at Check Post Rupaidiha. It is alleged that while the police party was busy in checking, the applicant was was found coming from the side of Nepal. On doubt she was apprehended and she was informed about her right to be searched before Gazetted Officer or before any Magistrate. However, she gave consent that the police party may make her search. On Search 1 Kg. 800 Gms. of opium was recovered.
It has been submitted by learned counsel for the applicant that the applicant is a lady and she has been falsely implicated in this case. It is also submitted that the recovered material is below the commercial quantity. It is also submitted that infact on the date of occurrence applicant had come to Rupaidiha for shopping her household goods where she was arrested by the police. It is also submitted that she is having no criminal history to her credit and in future she will not commit any such offence.
Learned A.G.A has opposed the prayer for grant of bail Considering the entire facts and circumstances of the case and the fact that the recovered contraband is below commercial quantity and also the fact that applicant has no criminal history to her credit and there are reasonable grounds that for believing that she is not guilty of such offence and that she is not likely to commit any offence while on bail, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Kaali Chhettri) be released on bail in the aforesaid case crime number on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicant shall file an undertaking to the effect that she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against 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 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 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 her in accordance with law.
Order Date :- 28.8.2019 ML/-