Heard Sri Niyaj Ahmad, learned counsel for the applicant, Sri Alok Saran learned A.G.A. for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. The applicant has no concern with the present case. It is next contended that contraband substance, i.e. Charas is said to have been recovered from the possession of the applicant. As a matter of fact no such recovery has been made from the applicant. The police has planted false recovery. It is next contended that factum of recovery has not been supported by any independent or public witness to support the prosecution version. It is also contended that mandatory provisions enumerated under section 50, 52, 52A and 57 of N.D.P.S. Act has not been complied with. Further there is also no compliance of Section 42 and 51 of the N.D.P.S. Act. It is further contended that applicant is languishing in jail since 18.3.2019. It is further contended that in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Sri Alok Saran, learned A.G.A. has vehemently opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case, detention of the applicant, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and that it appears that there is no early likelihood of conclusion of the trial and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another reported in (2018) 3 SCC 22, without expressing any opinion on the merits of the case, I find it to be a case of bail.
Let applicant- Lallu alias Saleem alias Sakir Husain, involved in Case Crime No. 106 of 2019, under section 8/20 of N.D.P.S. Act., Police Station - Prayagpur, District- Bahraich, be released on bail on furnishing a personal bond and two heavy sureties each (one should be of a family member) in the like amount to the satisfaction of the court concerned subject to 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 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
The concerned court below is directed to conclude the trial expeditiously, preferably within a period of six months from the date of production of a copy of this order.
This bail application is accordingly allowed.
Order Date :- 11.1.2021 ssm