Allahabad High Court
Brijesh Kumar Gautam @ Raju vs State Of U.P. on 9 February, 2021
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8722 of 2021 Applicant :- Brijesh Kumar Gautam @ Raju Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 183 of 2020, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station-Maharajganj, District-Jaunpur during the pendency of trial.
It is submitted by the learned counsel for the applicant that as per the prosecution case 4 kgs. of Ganja is alleged to have been recovered from the possession of the applicant. The main substratum of argument of learned counsel for the applicant is that the aforesaid recovery is below the commercial quantity, therefore provisions of Section 37 of the N.D.P.S. Act are not attracted in this case. It is next submitted by the learned counsel for the applicant that the aforesaid recovery is not supported by any independent public witness, therefore, possibility of false implication of the applicant cannot be ruled out. It is also submitted that the guidelines laid down by Hon'ble the Apex Court with regard to arrest of a person by the police has not strictly been followed in the present case. It is pointed out that the applicant has a criminal history of one case being Case Crime No. 189 of 2020, under Section 411, 414 I.P.C., in which the applicant has been granted bail vide order dated 22.01.2021 of the Session Judge, Jaunpur, appended as Annexure No. 4. It has also been contended that the applicant has no criminal history related to N.D.P.S. Act. The applicant is languishing in jail since 31.12.2020 and in case the applicant is released on bail he will not misuse the liberty of bail.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Brijesh Kumar Gautam @ Raju, be released on bail in the aforesaid case crime number on 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 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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 9.2.2021 Sunil Kr. Gupta