Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43947 of 2018 Applicant :- Udayvir Opposite Party :- State Of U.P. Counsel for Applicant :- Sukhvir Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Sri Sukhvie Singh, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
680It has been contended by the learned counsel for the applicant that 350 gm. contraband article, i.e."Diazepam" and 1.kg. & 550 gm. Heroine are said to have been recovered from the joint possession of the applicant and other two co-accused. He further submits that there is no compliance of mandatory provisions of Section 50 of N.D.P.S. Act, hence the recovery is bad in the eyes of law. Perused the report of Forensic Laboratory, which indicates that Sodium Thayo Sulfate(Hypo) and diazapam were found instead of heroine, which is annexed as Annexure- 3, on page 30, of the affidavit field in support of the bail application. It has also been submitted that the applicant is languishing in jail since 26.6.2018. The applicant has no other reported criminal antecedent Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case and period of detention, let the applicant Udayvir involved in Case Crime No.140 of 2018, under Sections 8, 18 &, 22 N.D.P.S. Act, Police Station Sidhpura, District Kasganj be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of 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 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.12.2018 IA