Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41515 of 2018 Applicant :- Mohd. Tazim Opposite Party :- State Of U.P. Counsel for Applicant :- Satish Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Satish Sharma, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that 110 gram contraband article, i.e., Alprazolam is said to have been recovered from the possession of the applicant. He further submits that there is no compliance of mandatory provisions of N.D.P.S. Act, hence the recovery is bad in the eyes of law. It has also been submitted that the applicant is languishing in jail since 16.08.2018. It is also submitted that on the aforesaid recovery police of police station Kotwali Dehat, District Mirzapur registered two cases as Case Crime No. 276 of 2018, under section 41/411 IPC as well as Case Crime No. 272 of 2018 under section 3/25 Arms Act registered by Police of Police Station Kotwali Dehat, District Mirzapur deliberately upon the applicant, in which the applicant moved his bail application before the court of learned Ist Additional Chief Judicial Magistrate, Mirzapur and after considering the facts and false implication of applicant in both the aforesaid cases, the learned I Additional Chief Judicial Magistrate, Mirzapur pleased to release the applicant on bal vide its order dated 19.09.2018. The said fact has been mentioned in para 19 to the affidavit filed in support of bail application.
Learned A.G.A. opposed the prayer for bail.
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 and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Mohd. Tazim involved in Case Crime No. 267 of 2018, under Section 8/21 N.D.P.S. Act, Police Station Kotwali Dehat, District Mirzapur be released on bail on his furnishing a personal bond with two heavy sureties (One should be of a family member) each in the like amount to the satisfaction of magistrate/court concerned with the 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.
Order Date :- 27.11.2018 Arti