Allahabad High Court
Aziz Ahmad vs State Of U.P. on 18 February, 2021
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- BAIL No. - 6461 of 2019 Applicant :- Aziz Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- K.N.Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that he has been falsely implicated in this case. Seizure memo was prepared by Assistant Commandant, 42nd Battalion, S.S.B. on 14.5.2019 thereafter sample was sent to the Forensic Science Laboratory, U.P. Lucknow for chemical examination.
He further submits that sample was changed in the laboratory, which is evident from Receipt No. 2019XLKO004140, which was received on 30.05.2019 from the messenger-Vijay Lakshmi Verma, wherein the name of the police station was mentioned as Risiya, however, sample in the present case is related to Police Station Rupaideeha and not Risiya. This fact has not been denied by the State while filing supplementary counter affidavit, rather an explanation has been given that it is due to mistake of Computer Section of Forensic Science Laboratory, U.P. Lucknow.
Learned counsel for the applicant submits that the compliance of Section 50 of NDPS Act has not been done. The applicant was not produced before the gazetted officer or the magistrate.
The applicant has no criminal history. Learned counsel for the applicant submits that the applicant is in jail since 15.5.2019 and till date charges have not been framed. The status report of the learned Special Court NDPS Bahraich is on record.
It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail 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 arguments of parties' counsel and after perusal of the record this court satisfied that prima facie the applicant is not guilty of the offence and since he has no criminal history the mandatory condition under Section 37(1)(b) of NDPS Act stands satisfied, 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, Aziz Ahmad involved in Case Crime No. 186 of 2019, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, Police Station Rupaideeha, District Bahraich, be released on bail on his furnishing a personal bond and two heavy 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 :- 18.2.2021 Madhu