1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.056 of 2020, under Section 8/20 of The Narcotic Drugs and Psychotropic Substances Act lodged at Police Station Rupaideeha, District Bahraich.
It is alleged that from the possession of the accused-applicant 05 kilogram and 900 grams of Charas, a contraband substance, was recovered.
3. Learned counsel for the accused-applicant submits that the accused-applicant is a Nepali National and, she has no criminal history; the provisions of Section 50 of the N.D.P.A. Act were not complied with while the accused-applicant was being searched; co-accused Pyari Pun, Ganmala and Dhanmala Roka, from whose possession different recovery of the contraband has been shown, have already been enlarged on bail by putting them under some financial burden by this Court vide orders dated 20.01.2021, 21.01.2021 and 21.01.2021 passed in Bail Nos. 8060 of 2020, 9228 of 2020 and 9230 of 2020 respectively. The learned counsel for the accused-applicant claims parity. The accused-applicant has been languishing in jail since 12.02.2020.
4. Mr. Umesh Singh, learned Additional Government Advocate, has opposed the bail, however, he has not disputed the aforesaid submissions.
5. Considering the submissions made by the learned counsel for the accused-applicant, which have not been disputed by the learned A.G.A. and, without commenting upon merit of the case, I find it to be a fit case for grant of bail with some financial burden.
6. Let applicant-Sheela Oli, accused of above-mentioned FIR/crime number, be released on bail on her furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-
(i) the applicant shall deposit a sum of Rs.75,000/- (Rupees seventy five thousand only) in 'Army Battle Causalities Welfare Fund' within four weeks from the date of her release from jail and, file receipt thereof in the trial Court; in case the accused-applicant fails to deposit the amount, as directed, this order, granting her bail, shall be treated to have been cancelled and, she shall be taken into custody forthwith;
(i-a) the applicant(s) shall file an undertaking to the effect that she 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(s) shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;
(iii). in case, the applicant(s) misuse(s) the liberty of bail and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her in accordance with law, under Section 174-A of the Indian Penal Code; and
(iv) the applicant(s) 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 her bail and proceed against her in accordance with law.
[D.K.Singh,J.] Order Date :- 4.2.2021 MVS/-