Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32611 of 2021 Applicant :- Razi Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Ramesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ramesh Kumar, learned counsel for the applicant and Si Sanjay Singh, learned A.G.A.-I, for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. The applicant has no concern with the present case. It is next contended that co-accused with malicious intention in his statement recorded under section 161 Cr.P.C. has stated that the applicant is involved in selling contraband substance, i.e. Charas. On the false statement of co- accused police has implicated the applicant in the present case. There is no recovery of contraband substance in question from the possession of the applicant. It is next contended that there is no independent or public witness to support the prosecution version. It is further contended that previous criminal history of the applicant has been properly explained in paragraph 17 of the affidavit filed in support of instant bail application. It is lastly contended that in similar case accused person namely Waseem from whom it is alleged that there is recovery of 1 k.g. Charas from his possession, has been granted bail by a co-ordinate Bench of this Court vide order dated 16.8.2021 passed in Crl. Misc. Bail Application No. 31436 of 2021. The applicant is languishing in jail since 09.06.2021, and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has vehemently opposed the bail prayer of the applicant and submitted that the innocence of the applicant cannot be adjudged at pre-trial stage. However, learned AGA failed to dispute the submissions made by the learned counsel for the applicant.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref: Sue, Motu Writ Petition (c) No. 1/2020 , Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Considering the facts and circumstances of the case, perusing the record of the case, prevailing situation in the State and also that trial is not likely to be heard in near future, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge and reformative theory of punishment and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another reported in (2018) 3 SCC 22, without expressing any opinion on the merits of the case, I find it to be a case of bail.
Let applicant- Razi Khan, involved in Case Crime No. 232 of 2021, under section- 29 of N.D.P.S. Act, 1985, Police Station - Bilaspur, District- Rampur, be released on bail on furnishing a personal bond and two sureties each in the like amount 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.
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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 30.9.2021 ssm