Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11504 of 2018 Applicant :- Sudhir Kumar Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Bindu Kumari Counsel for Opposite Party :- G.A.
Hon'ble Rang Nath Pandey,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant, Sudhir Kumar Gupta, who is involved in Case Crime No. 12 of 2018 under Section 8/21 of the N.D.P.S. Act, Police Station Anpara, District Sonbhadra.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case due to ulterior motive, on the basis of false and planted recovery of 17 gram of Heroine, which is below the commercial quantity and there is no public witness of the alleged recovery. It is next contended that mandatory provision of sections 50 and other statutory provisions of the N.D.P.S Act have not been complied with. It is further submitted that the applicant has two criminal history in which he is on bail. The applicant is in jail since 08.02.2018, and he undertakes not to misuse the liberty of bail, if granted. .
On behalf of the State bail has been opposed.
Considering and keeping in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let applicant, Sudhir Kumar Gupta, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with 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 the 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 :- 30.3.2018 GK Sinha