Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24883 of 2019 Applicant :- Soni Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Arun Kumar 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 on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 200 of 2019, under Sections 21/22 of N.D.P.S. Act, Police Station Mohammadabad, District Farrukhabad.
Learned counsel for the applicant has contended that according to the prosecution verison the applicant and other co-accused were arrested on 14.05.2019 and 200 gram contraband article, i.e., Alprazolam is said to have been recovered from the possession of the applicant. In fact no such recovery was effected from the applicant. It is further submitted that the alleged recovery is false, concocted and planted. It is next submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. It is also argued that the applicant is innocent lady and has been falsely implicated and showing the false recovery from the joint possession in the present crime with a view to cause unnecessary harassment and victimize him. The applicant who is in jail since 14.05.2019. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra, learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Soni Devi 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 will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
Order Date :- 21.6.2019 Rohit