Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33086 of 2021 Applicant :- Kamal Babu Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard 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. 208 of 2021, under Sections 8/18 of Narcotic Drugs and Psychotropic Substance Act 1985, Police Station Bhamora, District Bareilly.
Learned counsel for the applicant submits that according to the prosecution version 700 grams of opium was recovered from the right pocket of the pant of the applicant, while in fact, no recovery as alleged has been made from the person of the applicant. He also argued that there is no independent witness of the alleged recovery and that the mandatory provisions of Section 50 of N.D.P.S. Act has not been complied with. Learned counsel next submits that there is no evidence on record to connect the recovered material to be opium.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 he is languishing in jail since 29.06.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submitted that there is no reason to falsely implicate the applicant but could not dispute that F.S.L. report is awaited.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, recovery made from the right pocket of pant, no independent witness, ground for non- compliance of Section 50 of N.D.P.S. Act, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant Kamal Babu 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 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 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 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.
(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.
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 :- 27.9.2021 S.Ali