Allahabad High Court
Parashuram Rajbhar vs State Of U.P. on 27 May, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19474 of 2022 Applicant :- Parashuram Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Chandra Kumar Rai,J.
Heard Mr. Anil Kumar Chaudhary, learned counsel for the applicant, learned A.G.A. for the State and perused the record..
The instant bail application has been filed on behalf of the applicant-Parashuram Rajbhar with a prayer to release him on bail in Case Crime No.33 of 2022, under Section 8/20 N.D.P.S. Act, Police Station-Rasara, District-Ballia, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant has been falsely implicated in the instant case. In the present case 2.100 kg. contraband (Ganja) was alleged to be recovered from the applicant. He further submitted that there is no compliance of sections 42 and 50 of the NDPS Act. He further submitted that provisions of sections 42 and 50 of the NDPS Act are mandatory in nature and non-compliance of the mandatory provisions amount to acquittal of the accused. The criminal history of two more cases has been explained in paragraph no. 12 of the affidavit filed in support of the bail application. The applicant is languishing in jail since 29.1.2022.
Lastly, it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A. opposed the prayer for grant of bail stating that the applicant has criminal history as such he is not entitled to be released on bail.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant, and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant-Parashuram Rajbhar involved in aforesaid case be released on bail on his furnishing a personal bond and two heavy surety each in the like amount to the satisfaction of the Court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.5.2022 AU