Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8814 of 2019 Applicant :- Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicant, is taken on record.
Heard Sri Rajeev Lochan Shukla, learned counsel holding brief of Sri Vidit Narayan Mishra, 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 150 Kg. contraband article, i.e., Charas is said to have been recovered from the possession of the applicant. It is further submitted that applicant is suffering with Cancer since last 3 years and he is under treatment of Dharamshila Hospital situated in Delhi, the said fact has been mentioned in para 3 to the affidavit filed in support of bail application. It is also submitted that there is no compliance of mandatory provisions of Sections 43, 50 and 57 of the N.D.P.S. Act, hence the recovery is bad in the eyes of law. It is also submitted that the criminal history of the applicant has properly been explained in para 10 to the affidavit filed in support of bail application. It is also submitted that applicant has raised his voice against the illegal act of the police personnel since the year 2010 and as a result of which the applicant was falsely implicated in the year 2010 straight way in three continue cases, the said fact has been mentioned in para 8 to the supplementary affidavit. It has also been submitted that the applicant is languishing in jail since 14.01.2019.
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 Prakash involved in Case Crime No. 79 of 2019, under Section 18/20 N.D.P.S. Act, Police Station Sector-20 Noida, District Gautam Budh Nagar be released on bail on his furnishing a personal bond with two sureties (Rs. Two Lacs each) (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.
Order Date :- 28.2.2019 Arti