Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.224 of 2020, under Sections 8/21 NDPS Act, Police Station Mohanganj, District Amethi.
It is alleged that from the possession of the accused-applicant, 50 Gms. Smack was recovered.
Learned counsel for the accused-applicant submits that accused-applicant has criminal history of seven cases including one under the NDPS Act, in which it was alleged that accused-applicant was in possession of 45 Gms. Smack. He further submits that there is violation of Section 50 NDPS Act. There was no public witness to the recovery effected from the accused-applicant. It is also submitted that accused-applicant may be enlarged on bail with some financial burden.
On the other hand, Sri Shailendra Tripathi, learned AGA has opposed the prayer for bail and submitted that the recovery from the possession of the accused-applicant cannot be doubted. There has been compliance of Section 50 of the NDPS Act and he has criminal history of similar offence, which he allegedly committed in the year 2019.
I have considered the rival submissions of the parties and perused the record.
Considering the quantity of the contraband substance allegedly recovered from the possession the accused-applicant and he is in jail since 10.6.2020, it would be appropriate to enlarge the accused-applicant on bail.
Let applicant Ramsuphal be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The accused-applicant shall deposit a sum of Rs.25,000/- in the account of Chief Minister's Distress Relief Fund-COVID Care Fund, U.P. within a period of four weeks from the date of his release and submit a receipt thereof before the trial court. In case of failure to deposit the aforesaid amount within the stipulated period, his bail shall be treated to have been cancelled and he shall be taken into custody forthwith.
(ii) 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.
(iii) 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.
(iv) 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.
(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. 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.
The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad and the concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 Rao/-