Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51209 of 2021 Applicant :- Pradeep Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Bhaskar Bhadra, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the case.
The present bail application has been filed on behalf of applicant Pradeep Kumar under Section 439 of The Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 243 of 2021, under Sections 8/18 of N.D.P.S. Act, registered at Police Station Aliganj, District Bareilly, during pendency of the trial.
Brief facts of the case are that first information report dated 04.09.2021 has been lodged on 09.35 hours stating that when the police party was on law and order duty, on the information of the informer at 8.35 hours two miscreants have been arrested by the police party. From the left pocket of lower of the applicant 250 gram Afeem has been recovered by the police party.
It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Nothing incriminating article has been recovered from the possession of the applicant except recovery from the left pocket of the lower is made out without compliance of Section 50 of the N.D.P.S. Act. A search and recovery made from the applicant of the alleged contraband does not satisfy the mandatory requirements of Section 50 as held by Constitution Bench of Apex Court in the case of Vijaysinh Chandubha Jadeja Vs. State of Gujarat, (2011) 1 SCC 609. Charge sheet has also been filed in the present case on 28.10.2021 and the applicant is no more required for the purpose of investigation.
It is next contended that no other criminal antecedent to his credit. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 04.09.2021 undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra learned A.G.A. has opposed the prayer for bail. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Let applicant Pradeep Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-
(i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) 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 of Cr.P.C.
(iv) 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 the trial court.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 21.12.2021 Asha