Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31161 of 2021 Applicant :- Vishnu Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Kartikey Singh 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 enlarged him on bail in Case Crime No. 16 of 2021, under Section 21/22 N.D.P.S. Act, Police Station Farah, District Mathura.
Learned counsel for the applicant submits that from the same recovery memo, 250 gms. of Alprazolam Powder has been recovered from the possession of the applicant as well as co- accused Dilip Jatav. He further submits that there is no independent witness of the alleged incident. He further submits that the co-accused Dilip Jatav has been granted bail by co- ordinate Bench of this Court vide order dated 20.07.2021 in Criminal Misc. Bail Application No.19860 of 2021. Therefore, the applicant is entitled for bail on the ground of parity. He further submits that Section 50 N.D.P.S. Act has not been complied with. 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. It is next contended that applicant has no previous criminal history and is languishing in jail since 19.01.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the factual aspect.
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, from same recovery memo, recovery from applicant and Dilip Jatav and enlargement of the the co-accused on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Vishnu Kumar involved in aforesaid case crime be released on bail on his/her 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.
Order Date :- 13.8.2021 Zafar Digitally signed by Justice Ali Zamin Date: 2021.08.18 13:55:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad