Heard Sri R.K. Singh Yadav, learned counsel for the applicant and Sri Sanjay Sharma, learned A.G.A. for the State.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case. He next submitted that as per prosecution story narrated in the FIR, applicant was arrested on 6.9.2020 at about 10 A.M. on the basis of certain information received by SHO, Allahganj. The alleged recovery of 101.20 Kg of Poppy Husk in 10 bags alongwith Rs. 1,10,000/- shown from the possession of applicant from his Car bearing No. DL 10 CH 8052.
He next submitted that it is a case of false implication, in fact, on 4.9.2020 after shortlisting the land deal, applicant was on his way to District Shahjahanpur alongwith his cousins by his personal car bearing No. DL 10 CN 8052, carrying an amount of Rs. 7,00,000/-. Thereafter, his car was accidentally touched upon the police vehicle without his own fault, but police personnel and informant started beating the applicant and taken away the whole amount i.e. Rs. 7,00,000/-. Thereafter, applicant was detained by the police on 4.9.2020 and illegally taken into custody till 6.9.2020 and further, money was also illegally taken by the police. He further submitted that under the orders of the Court, Call Detail Report of Telephone Nos. 9810517688, 7880836815 and 9454404202 was produced before the Court alongwith counter affidavit as well as supplementary counter affidavit. By perusal of same, it is very much clear that it is a case of false implication. In fact, brother of applicant having mobile no. 9810517688 has received a call on 5.9.2020 at 13:48 P.M. from mobile no. 7880836815 about the detention of his brother i.e. applicant by the police. As per CDR, location of aforesaid number i.e. 7880836815 was found in the location of P.S., Allahganj. Thereafter, on the very same day i.e. 5.9.2020, brother of the applicant had also called twice to the SHO, Allahganj on his CUG No.9454404202 to know whereabout of his brother i.e. applicant. On that date i.e. 5.9.2020, there are many calls, incoming and outgoing, between the mobile nos. 9810517688 & 7880836815. This fact may also be verified from the Call Detail Report annexed alongwith counter affidavit as well as supplementary counter affidavit. Call Detail Report clearly reveals this fact that applicant was illegally detained by police prior to date of lodging the FIR i.e. 6.9.2020. He also submitted that Poppy Husk has not been recovered from the possession of applicant. There is no compliance of mandatory provision of Sections 50, 51, 52A of the N.D.P.S. Act and there is no independent witness of the incident. The applicant has no criminal history till date. There is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 6.9.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the arguments raised by the learned counsel for the applicant about the conversions between the mobile nos. 9810517688, 7880836815 and 9454404202 on 5.9.2020 based upon Call Detail Report annexed alongwith counter affidavit, supplementary counter affidavit and also criminal history of applicant.
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Sunil Chouhan, involved in Case Crime No. 240 of 2020, under Section- 15/18 of N.D.P.S. Act, Police Station- Allahganj, District- Shahjahanpur, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad. The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. 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.
6. 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.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 19.2.2021 Junaid