Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6117 of 2021 Applicant :- Sunil Kumar Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Upendra Upadhyay 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. 120 of 2020, under Section 8(Ga)/20/25 N.D.P.S. Act, Police Station Soron, District Kasganj.
Learned counsel for the applicant submits that according to the prosecution version on 20th April, 2020 from the house of Narendra Kumar Gupta 166.7kg Doda powder (Poppy Straw), 10.100kg Afeem Bond and small Doda powder in pudiya of 50gm. weighing in total 3.250kg. were recovered. He further submits that from his possession 7 plastic sacks and a cloth bag were recovered. He further submits that from the aforesaid quantity 166.7kg Doda powder and 10.100kg Afeem Bond only 700gm. Doda powder and 100gm. Afeem Bond were taken for sample and has been sent to FSL report but it does not appear that from each sack and one cloth bag sample were taken in equal quantity and composite sample was made, therefore, the order under Section 2.8 of Section 2 of Standing Order No. 1/89 has not been complied with. He submits that allegations against the applicant is that he was weighing the Doda powder. He submits that co-accused Narendra has a licence of growing Doda powder and his licence was renewed from time to time since 2000 to 2017 and applicant is a worker. It is next contended that applicant has no criminal history. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. Applicant is languishing in jail since 20.04.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that there is no reason to falsely implicate the applicant and submits that 700gm. Doda powder and 100gm. Afeem Bond were taken for sample and as per sample report, Doda powder of the aforesaid quantity has been confirmed to be.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, non-compliance of Section 2.8 of Section- 2 of Standing Order No. 1/89, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Sunil Kumar Gupta 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.9.2021 Israr