Allahabad High Court
Ikram vs State Of U.P. on 5 August, 2020
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- BAIL No. - 4028 of 2020 Applicant :- Ikram Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
Heard SriAnil Kumar Pandey, learned counsel for the accused-applicant and learned A.G.A.
Present bail application has been filed by the accused-applicant Ikram, who involved in Case Crime No.58 of 2020 under Sections 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "N.D.P.S. Act") at Police Station Masauli, District Barabanki.
Learned Counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is stated that 400 gms of morphine was recovered from the possession of the applicant. The recovery is false and concocted. The authorities did not comply with the provisions of Sections 42 & 50 of N.D.P.S. Act, which are mandatory in nature. It is also stated that the co-accused namely Mohd. Ishraq from whom the recovery of 270 gms morphine has been shown by the authorities, has already been enlarged on bail by this Court vide order dated 24.07.2020 passed in Bail No.4945 of 2020. The accused applicant is in jail since 04.03.2020. He has no previous criminal antecedents. Further stated that provision of Sections 100 & 165 of Cr.P.C. related to search and seizure have not been complied with.
It is lastly submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the evidence/witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty, terms and conditions of bail and will co-operate in the trial.
Learned A.G.A., on the basis of instructions, has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
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 non- compliance of Sections 42 & 50 and the facts related to the recovery as also twin test mentioned in Section 37 of N.D.P.S. Act and without expressing any opinion on the merit of the case, I am of the view that a case for bail is made out.
Let the applicant- Ikram, who involved in Case Crime No.58 of 2020 under Sections 8/21 of N.D.P.S. Act at Police Station Masauli, District Barabanki, be released on bail in the aforesaid case crime number on his furnishing personal bonds 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 misuse 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 fail 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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such 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 :- 5.8.2020 Vinay/-