Allahabad High Court
Rohit Gautam vs State Of U.P. on 18 November, 2019
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- BAIL No. - 10562 of 2019 Applicant :- Rohit Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Sen Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
Personal affidavit as well as counter affidavit filed by learned A.G.A. are taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is contended on behalf of applicant that false recovery of 50 gram Morphine shown to have been recovered from the personal search of the accused applicant. The accused applicants were not apprised about their right to be searched before Magistrate or Gazetted Officer thus mandatory compliance of Section 50 of N.D.P.S. Act has not been made. It is further contended that there is no public witness to the arrest of the accused. Although the arrest was made in the public place at Mahila Polytechnic, Faizabad Road, Lucknow. It is further contended that accused applicant is in jail since 14.09.2018. It is next contended that recovered quantity is much below commercial and provision of Section 37 of the N.D.P.S. Act are not attracted in this case. It is further contended that applicant has no criminal history.
It is lastly submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Rohit Gautam involved in Case Crime No. 796/2019, under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station - Ghazipur, District - Lucknow 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 with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(iv) 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.
(v) 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.
(vi) 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.
Order Date :- 18.11.2019 Shubhankar