Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22865 of 2019 Applicant :- Sunil Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant; the learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.1201 of 2018, under Section 8/21 Narcotic Drugs & Psychotropic Substance (NDPS) Act, police station Loni, District- Ghaziabad with the prayer to enlarge him on bail.
The contention of learned counsel for the applicant is that the applicant has been falsely implicated by showing recovery of 210 gms of Diazepam, which is much below the commercial quantity. It has been contended that the recovery procedure has not been followed and there is no independent witness of the recovery. It has next been contended that the applicant was simultaneously implicated in another case in which he has been granted bail by order dated 15th March, 2019, passed by 1st Additional District and Sessions Judge, Court No.1, Ghaziabad. It has lastly been submitted that the applicant is in jail since 1st July, 2018 and in case of being enlarged on bail, he would not misuse the liberty of bail.
Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Sunil 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 subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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 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.
(iii) 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.
(iv) 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.
(v) 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 :- 30.5.2019. Rks.