Allahabad High Court
Kamaluddin @ Nan vs State Of U.P. on 22 June, 2021
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- BAIL No. - 1009 of 2021 Applicant :- Kamaluddin @ Nan Opposite Party :- State of U.P. Counsel for Applicant :- Ali Akhtar Zaidi,Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J.
The Court has convened through video conferencing.
Heard the learned counsel for the applicant and the learned AGA for the State-respondent.
The submission of the learned counsel for the applicant is that as per the prosecution case, it is alleged that on 13.12.2020, the police party was moving towards Lalpurwa in connection with certain checking in pending investigation. As they reached near Puraini Crossing, they found a person alongwith a black polythene in his right hand. They became suspicious and the said person i.e. the applicant is alleged to have become nervous seeing the police party. Upon apprehending the said person they found that in the said polythene packet, there was 1.50 gram of Charas. Upon questioning the aforesaid person, he could not give any satisfactory answer and being in possession of the contraband item, the applicant was arrested for the offences under Section 8/20 N.D.P.S. Act.
The submission of the learned counsel for the applicant is that the applicant does not have any criminal history and he has been falsely implicated. It is also submitted by the learned counsel for the applicant that there has been no efforts to get the alleged contraband verified or examined from the forensic laboratory. He further submits that without even verifying the quantity as well as the substance the charge-sheet has been filed which has also been brought on record alongwith the counter-affidavit filed by the State and under the aforesaid circumstances there has been a violation of Section 50 of the N.D.P.S. Act and the applicant has been in jail since 13.12.2020.
Learned A.G.A. has opposed the prayer for bail, however, could not dispute the aforesaid fact.
Considering the fact and circumstances also that the charge-sheet has been filed and the applicant does not have any criminal history and apparently till date of filing of the charge-sheet there has been no forensic examination of the substance which is alleged to have been seized from the applicant, also the AGA has not expressed any apprehension of the applicant fleeing justice hence in view of the allegation against the applicant, the severity of the punishment if the applicant is convicted and the period of incarceration, this Court is of the considered view that the applicant is entitled to be enlarged on bail.
Let the applicant Kamaluddin alias Nan involved in Case Crime No.439 of 2020, under Section 8/20 N.D.P.S. Act, Police Station Huzurpur, District Bahraich be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned.
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 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 neither influence any witness nor tamper with any evidence after his release.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel or the party concerned.
(viii) 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 :- 22.6.2021 ank