Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27603 of 2018 Applicant :- Mohd. Zafar Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Srivastava,Ram Bahadur Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard 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 at the time of arrest one accused Sanam Singh was also arrested and same recovery memo was prepared and it is alleged that from his possession 200 gram contraband article was recovered and separate case crime number was registered as Case Crime No. 17 of 2018 under section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, Police Station G.R.P., Agra and Sanam Singh has granted bail by this Hon'ble Court on 17.05.2018 and so far as the applicant is concerned 220 gram contraband article, i.e., Alprazolam is said to have been recovered from the possession of the applicant. A copy of the bail order of the Sanam Singh has been annexed as Annexure No. 4 to the affidavit filed in support of bail application. He further submits that there is no compliance of mandatory provisions of Sections 41, 42 and 43 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 11.01.2018.
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. Zafar involved in Case Crime No. 15 of 2018, under Section 8/21 N.D.P.S. Act, 1985, Police Station G.R.P. Agra Fort, District Agra be released on bail on his furnishing a personal bond with two sureties 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 :- 29.11.2018 Arti