1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant in FIR No.192 of 2020 under Section 18/20 N.D.P.S. Act, Police Station Bihar, Unnao.
3. It is alleged that from the possession of the accused-applicant 1 Kg charas was recovered besides one country made pistol of 315 bore and three live cartridges.
4. Learned counsel for the accused-applicant submits that the quantity of narcotic substance recovered from the accused-applicant is below the commercial quantity, however, above the small quantity. The accused-applicant has long criminal history of nine cases and he has explained the criminal history in para 16 of the affidavit filed in support of the bail application and he has been granted bail in all the aforesaid offences. He further submits that there is no criminal history of the accused-applicant regarding any case under the N.D.P.S. Act. He further submits that there has been no compliance of Sections 42, 50 and 52 of the N.D.P.S. Act.
5. On the other hand Ms. Parul Kant, learned A.G.A. objected the bail application on the ground that accused-applicant has long criminal history. She further submits that provisions of Section 42, 50 and 52 of the N.D.P.S. Act were complied with.
6. Considering the above aspect and the fact that the accused-applicant is in jail since 17.08.2020, I find it to be a fit case for bail.
7. Let applicant Upendra Singh @ Rohit Singh be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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.
Order Date :- 12.1.2021 Abhishek Singh