1. Heard Sri Indrajeet Shukla, learned counsel for the applicant as well as the learned A.G.A. for the State of U.P. through video conferencing in view of COVID-19 pandemic.
2. This bail application has been moved by the applicant- Vijay Kumar Balmiki @ Guddu for grant of bail, in Case Crime No. 132 of 2021, under Sections 8/21 Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Colonelganj, District- Gonda, during trial.
3. Learned counsel for the applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution. It is further submitted that the story of the prosecution with regard to the arrest and the recovery of the alleged contraband from the possession of the applicant is doubtful, inasmuch as, neither any effort has been made by the police party to procure independent public witnesses nor the mandatory provisions of Section 50 of N.D.P.S. Act has been complied with, which casts cloud on the whole story of the prosecution.
4. It is further submitted that even if the story of the prosecution is taken on its face value, 60.72 gms. of Alprajolam i.e. 506 tablets is alleged to have been recovered from the possession of the applicant, which is much less than the minimum commercial quantity 100 gms. and the applicant is not having any previous criminal antecedents.
5. It is further submitted that the applicant is in jail in this matter since 26.03.2021 and is not having any criminal antecedents and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.
6. Learned A.G.A. however opposes the prayer for bail of the applicant, but could not dispute the aforesaid submissions advanced on behalf of the applicant.
7. Having heard learned counsel for parties and having perused the record, it transpires that 60.72 gms. of Alprajolam is alleged to have been recovered from the possession of the applicant, which is much less than that of minimum commercial quantity 100 gms. Two stringent conditions as contained under Section 37(1)(b) of the N.D.P.S. Act are not attracted in the instant case. The applicant is in jail in this matter since 26.03.2021 and is not also a previous convict and assurance has been given by learned counsel for applicant that the applicant shall cooperative in the investigation and will not flee from the course of law and will cooperative in the early disposal of the case.
8. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
9. Let the applicant- Vijay Kumar Balmiki @ Guddu involved in Case Crime No. 132 of 2021, under Sections 8/21 Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Colonelganj, District- Gonda be released on bail on his furnishing a personal bond with two sureties in 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 the Court. In case of default of this condition, it shall be open for trial court to treat it as 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.
10. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
11. The application stands disposed of.
12. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
13. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 11.5.2021 Vikas/-