Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15535 of 2021 Applicant : Sanjeev Kumar Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Lihazur Rahman Khan,Araf Khan Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.116 of 2020, under Sections 379, 419, 420, 467, 468, 471, 406, 120B I.P.C.
and 8/22 NDPS Act, Police Station Kamla Nagar, District Agra.
Learned counsel for the applicant submits that according to the FIR version, a raid was conducted at about 6:15 a.m. on 22.12.2020 at the house of the applicant and 300 warma capsules in the name of tramadol hydrochloride, 6000 alprazolam tablets, 2500 korisum were recovered, which is not covered under NDPS Act. Applicant's wife Sapna is a licencee of wholesale drugs. He further submits that as per FIR as well as investigation, it is not a case of prosecution that the recovered drug comes within the purview of NDPS Act. He further submits that as per CCTV Camera, applicant was arrested by the police on 20.12.2020 from his drug house. He further submits that the FIR is legally barred by Section 32 of Drugs and Cosmetic Act, 1940, according to which, a complaint can be filed by the Drug Inspector. He also submits that offence u/s 379 and 406 IPC is also unwarranted in the case. He next submits that offence u/s 420, 467, 468, 471 IPC also not attracted because this is not a case of misbranding of drugs and cheating. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. It is next submitted that the applicant is languishing in jail since 23.12.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that the alleged recovered drugs were used in termination of pregnancy, therefore, he does not deserve any benevolence.
Considering the facts and circumstances of the case as well as Digitally signed by Justice Ali Zamin Date: 2021.04.16 15:36:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad submissions advanced by learned counsel for the parties, complicity of the applicant, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant Sanjeev Kumar Gupta involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant will not tamper with the evidence and pressurize the witnesses during trial.
(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, 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 computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 13.4.2021 m.a.