Allahabad High Court
Imran vs State Of U.P. on 28 May, 2020
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?In Chamber Case :- BAIL No. - 2938 of 2020 Applicant :- Imran Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J.
In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing. Learned Counsel for the applicant had made an application for urgency which was placed before the concerned court and it has been allowed and it is in this fashion that this bail application has been placed before this Court.
The Court has heard Sri Anil Kumar Yadav, learned counsel for the applicant and Shri Ajay Kumar Singh Tomar learned AGA through video conference.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated. As per the version of the First Information Report it is stated that on 20.02.2020, the police party during a routine checking found that three persons were coming on one motorcycle while the police tried to stop them they tried to run away, however, they were caught. On interrogation one person identified himself as Aafir and from his possession 100 grams of Morphine along with Rs. 150 was recovered and other identified himself as Imran from whose possession again 100 grams of morphine and Rs. 120 was recovered while the third person identified himself as Sameer @ Guddu and from his possession 90 grams of morphine along with Rs. 100 was recovered and it is in this fashion that the First Information Report has been lodged.
It has been submitted that there is no public or independent witness of the aforesaid recovery nor there has been proper compliance of Section 42, 50 and 57 of NDPS Act. It has further been submitted that the quantity recovered from the applicant is of much below the commercial quantity and the applicant has been falsely implicated and that the applicant has no criminal history the applicant has been languishing in Jail since 21.02.2020.
The learned A.G.A. Sri Ajay Kumar Singh Tomar, has opposed the bail application, however, could not dispute the aforesaid facts.
Considering the facts and circumstances and the nature of accusation against the applicant, the material available on record and the fact that the matter is yet to be tested in trial and only when the aforesaid charges are proved beyond reasonable doubt can the applicant be convicted, hence, without expressing any opinion on merits, this Court is of the considered view that the applicant is entitled to be enlarged on bail.
The Registry of this Court has reported certain defects and in this regard the High Court has laid down a guideline vide circular dated 14.04.2020. The relevant portion thereof is being reproduced hereinafter:-
2. However, during the lock down period, the requirement of an affidavit/e-affidavit/scanned Notary Affidavit shall not be mandatory in the case of BAIL APPLICATIONS and ANTICIPATORY BAIL APPLICATIONS. In lieu thereof, Counsel shall have to submit, in the e-filed petitions, the Adhar Card Number, full details of the card holder like name, parentage, age and address, as also the mobile number linked to the adhar card, of the person wanting to act as the deponent in the matter along with a declaration of that applicant/petitioner/pairokar affirming the correctness of the disclosures and averments made in the application/petition. In case of civil matters, a prayer for dispensing with the requirement of filing an affidavit may be made along with the urgency application which shall also be considered simultaneous with the issue of urgency.
3. This waiver or relaxation is subject to a proper affidavit being filed, in hard copy, within a period of 15 days from the date the lock down is lifted. No further time shall be granted for the purpose. In case a proper affidavit is not filed as specified above, the said case shall stand dismissed automatically and any order passed therein, shall stand recalled, without any reference to the Court. A communication, in this regard shall be sent by the Registry to the Court(s) below/authorities concerned, forthwith for consequential action."
Hence this order passed by the Court shall be subject to the compliance of the conditions as prescribed in the circular dated 14.04.2020.
Let the applicant Imran involved in Case Crime No. 73 of 2020, under Sections 8/21 of N.D.P.S. Act, Police Station Dewa, District Barabanki be released on bail on his furnishing a personal bond to the satisfaction of the Jail Authorities where said accused is imprisoned, provided the accused applicant/s shall also undertake to furnish two reliable sureties required by the court concerned, within a period of 6 weeks from the date of his/her actual release.
At the time of executing required sureties the following conditions shall be 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 their 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 their 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 them in accordance with law.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel or 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.
Order Date :- 28.5.2020 Asheesh