Allahabad High Court
Aaleem vs State Of U.P. on 18 October, 2019
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43162 of 2019 Applicant :- Aaleem Opposite Party :- State Of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Avinash Pandey, learned counsel for the applicant, Sri Sanjay Kumar Singh, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant ? Aaleem with a prayer to enlarge him on bail in Case Crime No.308 of 2019, under Section 8/22 of N.D.P.S. Act, Police Station Nakur, District Saharanpur.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that recovery of 8 strips of Clonazepam Tablet (20 tablets in each strips), total weight 30.8 gms., which is much below the commercial quantity, has been shown from the possession of the applicant. There is no independent/public witness of the alleged recovery and provisions of Section 50 of N.D.P.S. Act have not been complied with. There is no analysis report of concerned forensic science laboratory on the basis of which it can be said that the recovered material is contraband or not. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and he is languishing in jail since 22.08.2019. Accordingly, he requests for bail.
Per contra, learned A.G.A. for the State has opposed the bail prayer of the applicant, but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release of the accused in N.D.P.S. Act, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his 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 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 :- 18.10.2019 Anand Sri./-