Allahabad High Court
Mohd. Ishraq vs State Of U.P. on 24 July, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?In Chamber Case :- BAIL No. - 4945 of 2020 Applicant :- Mohd. Ishraq Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Attau Rahman Masoodi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The applicant is involved in Case Crime No. 60 of 2020, under Section 8/21 NDPS Act, Police Station Masauli, District Barabanki.
It is submitted that the recovery of the narcotic contrabad made from the accused applicant in violation of Section 42 and 50 of the N.D.P.S. Act vitiates the very F.I.R. lodged against him. The accused applicant, who does not have any past criminal history against him, is also not likely to repeat any such offence. The alleged recovery of 270 gms morphine inclusive of packet is marginally within the range of commercial quantity.
The investigation is going on. The accused applicant undertakes to cooperate with the proceedings and not to evade his presence before the investigating officer as and when called for.
It is also assured that the accused applicant shall not misuse the liberty of bail and shall not indulge into any nefarious or anti social activity. The accused applicant is in jail since 4.3.2020.
Learned A.G.A. has opposed the prayer for bail.
Having heard learned counsel for the parties and keeping in view the aforesaid facts, but without expressing any opinion on the merits of the case, let the applicant Mohd. Ishraq involved in the aforesaid case crime number be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant shall file 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 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 :- 24.7.2020 Fahim/-