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Shabir vs State Of U P

High Court Of Judicature at Allahabad|22 September, 2021
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JUDGMENT / ORDER

Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30591 of 2021 Applicant :- Shabir Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Ashok Kumar Singh Bais, learned counsel for the applicant, Mr. Janeshwar Bankata, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Shabir with a prayer to enlarge him on bail in Case Crime No. 288 of 2021, under Sections 8/21/60 (3) of N.D.P.S. Act, Police Station-Gangoh, District-Saharanpur, during the pendency of the trial.
It has been argued by the learned counsel for the applicant that the first information report has been lodged by Kunwar Pal Singh, Sub-Inspector, Police Station-Gangoh on 21st June, 2021 against the applicant alleging therein that when the informant and other police personnels were busy for checking suspicious persons and maintaining the law and order situation in the locality, then on the information of an informer, the applicant has been arrested by the informant and other police personnel on 21st June, 2021 at 06:10 a.m. and after searching him, about 60 grams of Smack have been recovered from the possession of the applicant. It has further been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated due to ulterior motive. The alleged recovery of smack is planted one by the Police to falsely implicate the applicant. Apart from the above, it has further been argued by the learned counsel for the applicant that the recovery shown against the applicant is below to the commercial quantity. Compliance of Section 50 of the N.D.P.S. Act has also not been made. There is no independent or public witness on the basis of which it can be said that the applicant is involved in the commission of the alleged offence. There is also no analysis report of concerned Forensic Science Laboratory from which it is established that the recovered material is smack. The applicant has no criminal antecedents to his credit except the present one. It is next contended that 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, the applicant shall not misuse the liberty of bail. The applicant is in jail since 21st June, 2021.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release the accused, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, as well as the dictum of Apex Court in the case of Dataram Singh Versus State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in 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 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
On acceptance of bail and personal bonds, the Lower Court shall transmit photostat copies thereof to this Court for being kept on record.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self-attested by the representative of the applicant, along with a self-attested identify proof of the said person (s) (preferably Aadhar Card).
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.
(Manju Rani Chauhan, J.) Order Date :- 22.9.2021 Sushil/-
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Title

Shabir vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
22 September, 2021
Judges
  • S Manju Rani Chauhan
Advocates
  • Ashok Kumar Singh Bais