Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44816 of 2021 Applicant :- Smt. Maharaj Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Supplementary affidavit has been filed today is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.320 of 2021, under Sections 8/21 of NDPS Act at Police Station Kutubsher, District Saharanpur.
I have perused the prosecution story as set up in the impugned first information report and also the bail rejection order.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is a lady and she has not committed any offence as alleged in the impugned first information report. From the possession of the applicant, 190 grams Smack is said to have been recovered. He has further submitted that at the time of arrest, mandatory provisions of NDPS Act has not been complied with. He has further submitted that nothing has been recovered from the possession of the applicant and the alleged recovery is false and fabricated. There is no independent eye witness of the alleged recovery, which has been shown by the police.The applicant is having no previous criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. He further submits that the applicant is having no criminal history and in case she will be released on bail, she will not misuse the liberty of bail. The applicant is in jail since 14.09.2021.
On the other hand, learned A.G.A. opposes the application for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Smt. Maharaj, who is involved in aforementioned case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 17.12.2021/Ajeet