Allahabad High Court
Riyasuddin vs State Of U.P. Thru. Addil. Chief Secy. ... on 19 June, 2024
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:43955 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6462 of 2024 Applicant :- Riyasuddin Opposite Party :- State Of U.P. Thru. Addil. Chief Secy. Deptt. Lko. Counsel for Applicant :- Bhimbahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 112 of 2024 under Section 8/21 N.D.P.S. Act, Police Station- Malipur, District- Ambedkar Nagar.
3. Case diary placed by learned A.G.A. is taken on record.
4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case by the police only with the intention to show good work, who was taken into custody on 06.05.2024 and he does not have any criminal antecedent. He further submits that the F.I.R. in question was lodged by Sub Inspector, namely, Hawaldar Singh Yadav on the basis of arrest/recovery memo and the said incident is mentioned in G.D. at G.D. No.20 dated 07.05.2024 at 9:35 A.M. and the charge-sheet was prepared on 24.05.2024.
5. Further submission of learned counsel for the applicant is that as per the prosecution case, on 07.05.2024, when team of police personnel headed by Sub Inspector- Hawaldar Singh Yadav was roaming for maintaining law and order, at that time, the team received information from one informer that as someone is coming from 'Bhabhan Patti' and is selling smack, he can be arrested by proceeding hurriedly. The said information was given to the senior officials by Sub Inspector- Hawaldar Singh Yadav, thereafter, they headed towards the informed place as informed by the informer and on pointing out of the informer, the applicant was chased by the team near tubewell of Sonu s/o Sant Prashad Pandey where he was caught by it. After being caught by the team, the alleged person stated his name as Riyasuddin s/o late Gulam Navi r/o Hasimpur, Malipur, Ambedkar Nagar, aged about 27 years and he also stated that he has smack. In furtherance of the said incident, for conducting his personal search, Naib Tehsildar, namely, Shri Ambrish Singh was telephonically called, thereafter, his personal search was conducted, then the alleged contraband containing quantity of 11.25 gm was recovered from him and from the said quantity, 2 gm was taken as sample and rest amount was sealed. In this connection, the applicant was taken into custody at 7:35 hours.
6. Further submission of learned counsel for the applicant is that the investigation was assigned to Vinod Kumar Pandey who was posted as Sub Inspector at the same police station and he started the investigation at 9:40 A.M. and prepared first parcha by 12:00 noon. On the same day, the investigation was proceeded by the Investigating Officer at 12:00 noon and was ended at 20:30 hours by preparing C.D. No.2. Thereafter, C.D. No.3 was prepared on 20.05.2024, in which, there is no description of the investigation that what was done by the Investigating Officer, and this parcha was prepared for obtaining remand of the applicant for 14 days. Final parcha i.e. C.D. No.4 was prepared on 24.05.2024 in between 8:00 A.M. to 12:00 noon by giving the details of the receipt, by which, it was informed that sample was sent to the Regional Forensic Laboratory, Varanasi. In the said last parcha, it is admitted that at the time of arrest, the sample was taken as 2 gm from the alleged recovered quantity of the contraband i.e. 11.25 gm.
7. Lastly, learned counsel for the applicant submits that as per the provisions of Section 52-A of N.D.P.S. Act, it is necessary that the sample be taken before the court but in the present case, admittedly the sample was not taken before the court.
8. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that the alleged contraband was recovered from the possession of the applicant. However, he does not dispute the fact that the sample was not taken before the court.
9. Considering the submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of the bail application, F.I.R., case diary as well as other relevant documents; it is undisputed fact that the sample of the alleged contraband was taken on the spot but not before the court. Thus, this is a fit case for bail and the applicant is entitled to be released on bail.
10. Let the applicant-Riyasuddin who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) 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 IPC.
(v) 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., may be issued and if 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 IPC.
(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. Subject to above, the bail application is allowed.
Order Date :- 19.6.2024 Arpan