Heard Sri Rakesh Kumar Yadav, learned counsel for the applicant, Sri Krishna Agrawal, learned counsel on behalf of Union of India and Sri Sanjay Singh, learned A.G.A.-I appearing for the State.
It has been contended by the learned counsel for the applicant that 1 Kg contraband article, i.e., Heroin is said to have been recovered from the Renault Kwid Car and on the basis of said recovery the applicant was implicated in the present case. He further submits that there is no compliance of mandatory provisions of Sections 42, 50, 55 and 57 of the N.D.P.S. Act, hence the recovery is bad in the eyes of law. The applicant has no criminal history with respect to the N.D.P.S. Act. It has also been submitted that the applicant is languishing in jail since 28.10.2018. The applicant has no other reported criminal antecedent.
Learned counsel on behalf of opposite party as well as learned A.G.A. vehemently 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 tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, period of detention and the stage of trial without going into the merits of the case, 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 Naheem Khan involved in Case Crime No. 02 of 2018, under Section 8/21/29 N.D.P.S. Act, Police Station C.B.N., District Bareilly 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a computer generated copy of this order, if there is no legal impediment.
The party is permitted to file a computer generated copy of this order downloaded from the official website of Allahabad High Court before the court concerned, who shall verify the authenticity of such computerized copy of the order from the official website of Allahabad High Court and shall make a declaration of such verification in writing.
Order Date :- 12.2.2021/Arti