Court No. - 57
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43924 of 2017 Applicant :- Shadab @ Bittu Opposite Party :- State Of U.P.
Counsel for Applicant :- Birendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard Sri Sarvesh Kumar Dubey, learned counsel for the applicant and learned Additional Government Advocate for the State.
The applicant is involved in Case Crime No. 387 of 2017, under Sections 18/20 N.D.P.S. Act, Police Station- Maudaha, District- Hamirpur.
As per the first information report, psychotropic substance (Ganja) to the tune of 50 kg has been seized from the vehicle on which seven accused persons were on board, out of which, three persons fled away while four accused persons have been arrested by the Police. Learned counsel for the applicant has placed two bail orders passed by co-ordinate Bench of this Court in favour of co-accused persons, namely, Nizam and Alam vide order dated 21.2.2018 and 15.2.2018 respectively, whose complicity is identical to that of the applicant. Bail orders are taken on record. Further contention is that the applicant is languishing in jail since 10.7.2017.
Learned Additional Government Advocate has opposed the prayer for grant of bail but could not controvert the bail orders that have been passed in favour of the co-accused persons, Nizam and Alam.
Considering the facts and circumstances of the case and the fact that co-accused persons have already been enlarged on bail but without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be enlarged on bail.
Let the applicant- Shadab @ Bittu involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned with 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 and 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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 28.2.2018 Atmesh