Heard learned counsel for applicant as well as learned A.G.A. for the State and perused the record.
Learned Counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in this case. The applicant has not committed any offence as alleged in the FIR. He further submitted that in the present case 12.600 k.g. poppy straw which is below than commercial quantity was allegedly recovered from the possession of the applicant and other co-accused. It is also submitted that there are no compliance of N.D.P.S. Act. The prosecution story is also not supported by any independent public witness. It is also submitted that the co-accused Amar Chand Verma has already been enlarged on bail vide order dated 13.7.2021 passed in Bail No. 7183 of 2021 by co-ordinate Bench of this Court and he also claims parity on the said bail order. He has no previous criminal history as stated in para 17 of the affidavit. The applicant is in jail since 19.06.2021. There is no apprehension that the applicant would influence the witness or tamper the evidence in any manner. He undertakes that in case the applicant is released on bail, he shall not misuse the liberty of bail and shall abide by all the conditions imposed by this Court.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as stated above except that there are provision of N.D.P.S. Act under Section 50 has been duly followed. It is also not considered the claim of the applicant on the parity of the bail order of the co-accused Amar Chand Verma (supra).
Taking into consideration the fact that co-accused persons against whom similar allegations were leveled have already been granted bail, therefore, on the ground of parity but without expressing any opinion on merits, I find it a fit case for grant of bail. Thus, the instant bail application iis allowed.
Let the applicant Lavkush Rawat be released on bail in Case Crime No.181 of 2021, under Section 8/15 N.D.P.S. Act, Police Station Safderganj, District Barabanki on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
2. 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.
3. In case, the applicant misuses the liberty of bail 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.
4. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
6. The computer generated copy of such order shall be self attested by the counsel or the party concerned.
7. 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 :- 29.7.2021 Md Faisal