In view of Covid-19 pandemic situation, the matter is being heard through video conferencing (V.C.).
Heard Sri Pradeep Kumar Mishra, learned counsel for the applicant, Sri Diwakar Singh, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer that the bail application of the applicant- Moinuddin @ Bablu, involved in Case Crime No. 0183 of 2020, under Sections 8/20/28/29 of N.D.P.S. Act, Section 120-B I.P.C., Police Station- Khandai, District- Pratapgarh be allowed and the applicant be released on bail.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Learned counsel further submits that the applicant was neither arrested by the police at the time of recovery nor any incriminating article (Ganja/narcotics drug) was recovered from the applicant. Learned counsel further submits that the applicant's name was surfaced in the statement of co-accused Nanhe @ Mohd. Sageer. Learned counsel further submits that co-accused Ramesh Jaiswal, Sonu Jaiswal and Abdulla who are arrested by the police and from whose possession the Ganja was recovered have already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 15.10.2020 passed in Bail Application No. 6831 of 2020 (Ramesh Jaiswal vs. State of U.P.), vide order dated 6.1.2021 passed in Bail Application No. 9250 of 2020 (Sonu Jaiswal vs. State of U.P.) and vide order dated 16.3.2021 passed in Bail Application No. 9367 of 2020 (Abdulla vs. State of U.P.), respectively.
Learned counsel further submits that the applicant is law abiding person and is languishing in jail since 9.10.2020. Learned counsel further submits that if the applicant is released on bail, he will not misuse the liberty granted by this Court and will cooperate with the proceeding before the trial Court.
Learned A.G.A. vehemently opposed the prayer for bail but did not dispute the factual submission made by the learned counsel for the applicant. Learned A.G.A. further submits that although as per the instructions available with him the applicant has no criminal history, but in view of the gravity of the offence, the applicant is not entitled for bail.
Looking into the facts and circumstances of the case and material available on record, without expressing any opinion on the merits of the case, I am of the view that the bail application of the applicant is liable to be allowed.
Application is allowed.
Let the applicant- Moinuddin @ Bablu, involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
(i)The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) 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. and (iv) argument/judgement.
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.
Order Date :- 8.4.2021 Vikas/-