The case has been taken through video conferencing facility.
The first bail application (Bail Application No. 10225 of 2020) of the applicant was dismissed for non prosecution on 08.01.2021 by Hon'ble Justice Dinesh Kumar Singh.
Heard learned counsel for applicant as well as Mr. S.P.Singh Suryavanshi, learned A.G.A. for the State and perused the record.
This bail application has been filed under Section 439 Cr.P.C. seeking bail in F.I.R. No.0245 of 2020 under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short N.D.P.S. Act) registered at Police Station Satrikh, District Barabanki on 02.10.2020.
It is alleged that on 02.10.2020 the police party on suspecting the Narcotic Drugs being transported, apprehended the accused/applicant and from his possession 100gms of morphine was recovered.
Learned counsel for the accused/applicant submitted that there was violation of mandatory provision of Section 50 of the N.D.P.S. Act. The accused/applicant has been falsely implicated in the case. It is further submitted that accused/applicant is seriously ill and in the hospital and has been languishing in jail since 02.10.2020.
The accused/applicant has no criminal history. The Narcotic substance recovered from the possession of the accused/applicant is below the commercial quantity.
Mr. S.P.Singh Suryavanshi, learned counsel for the State has opposed the bail application and submitted that menace of death is very much prevalent in the society and many young persons are falling in drugs menace. Therefore, the possession of narcotic substance by the accused/applicant cannot be denied at this stage. It is submitted that offence being serious in nature and the quantity of drugs has been recovered from the possession of accused/applicant, hence the accused/applicant should not be enlarged on bail.
Considering the facts and circumstances of the case and perused the material along with bail application, the quantity of narcotic substance allegedly recovered from the possession of accused/applicant is below commercial quantity, the accused/applicant has no criminal history and is languishing in jail since 02.10.2020, I am of the considered view that the applicant has made out a case for bail. The bail application is, thus, allowed.
Let accused-applicant Niyaj @ Kale involved in aforesaid case be released on bail on his furnishing a personal bond with two sureties to the satisfaction of the court concerned subject to 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.
Order Date :- 15.4.2021 A.K. Singh