Counter affidavit filed by Ms. Shikha Sinha, learned counsel for N.C.B. is taken on record.
Heard learned counsel for the applicant, Ms. Shikha Sinha, learned counsel for N.C.B. and perused the record.
The contention of the learned counsel for the applicant is that the co-accused Mohammad Usman has been enlarged on bail by co-ordinate Bench of this Court vide order dated 13.02.2019 passed in Bail No. 10503 of 2018 and another co-accused Fakrul Hasan has also been enlarged on bail by co-ordinate Bench of this Court vide order dated 13.02.2019 passed in Bail No. 10505 of 2018. These two co-accused persons are alleged to be travelling along with the main accused Mohd. Junaid on 12.09.2018 at Railway Station, Charbagh, Lucknow. It is further submitted that co-accused Mohd. Usman who is enlarged on bail has made a confessional statement before the NCB authorities that he has deposited Rs. 1,50,000/- in the account number of the applicant upon a directions of Imran Bhai and the present applicant is the brother of Imran Bhai. It is also submitted that Imran Bhai has not been made accused in this case and he is not even declared absconder. The applicant is distantly related to him and he is being falsely implicated merely on the statement given under Section 67 of NDPS Act by the co-accused person who is on bail. Learned counsel for the applicant further contended that his case is on better footing than that of co-accused Mohd. Usman and keeping in view that Imran Bhai is not made the accused till date and co-accused Mohd. Usman on whose statement the applicant is sought to be connected with the proceeds of the crime has already been enlarged on bail by this Court, the applicant is also entitled to be released on bail on the ground of parity. The applicant is in jail since 16.02.2019. It is lastly submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned counsel for N.C.B. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Mohd. Afrul Sheikh involved in Case Crime No. 21 of 2018, under Sections 8, 21, 27-A, 29-A of NDPS Act, 1985, Police Station- NCB, District- Lucknow be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) 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.
(v) 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.
(vi) 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.
Order Date :- 26.7.2019 Vikram/-