Allahabad High Court
Buddha Singh Pal vs State Of U.P. on 6 January, 2023
Author: Jayant Banerji
Bench: Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38407 of 2022 Applicant :- Buddha Singh Pal Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Jayant Banerji,J.
Heard learned counsel for the applicant and Shri Suraj Singh, learned Brief Holder appearing for the State.
This is a second bail application filed by the applicant.
This bail application has been filed to release the applicant on bail in case crime no. 39 of 2022 under Section 8/20 of the N.D.P.S. Act, P.S. Aata, district Jalaun.
An FIR dated 3.5.2022 was lodged alleging recovery of 7.086 Kilograms of Ganja from the possession of the applicant. The contention of the learned counsel for the applicant is that the amount of Ganja recovered is well below the commercial quantity and as such stringent provisions of Section 37(b)(ii) of the NDPS would not apply. It is further contended that five of the other co-accused have already been enlarged on bail by Coordinate Benches of this Court. Learned counsel has referred to the bail orders at Annexure Nos. 5 and 6 of the affidavit filed in support of the bail application. Learned counsel has also placed for perusal of this Court an order passed in Criminal Misc. Bail Application No. 27579 of 2022 by means of which one of the co-accused was enlarged on bail.
Learned Brief Holder has opposed the bail but has not been able to dispute the fact that five co-accused have already been enlarged on bail. It has also been stated by learned Brief Holder that charge-sheet has been filed.
Under the circumstances of the case, it is a fit case for bail. This bail application is allowed. Let the applicant- Buddha Singh Pal s/o Late Teerath Singh Pal be released on bail in case crime no. 39 of 2022 under Section 8/20 of the N.D.P.S. Act, P.S. Aata, district Jalaun, on his furnishing a personal bond of Rs. 1,00,000/- with two sureties each in the same amount to the satisfaction of the court below with the following conditions which are being imposed in the interest of justice :-
(i) The applicant shall cooperate with any investigation in the case.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. The court below shall also verify that none of the sureties are sureties for any other accused person in any other case.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 6.1.2023 A. V. Singh (Jayant Banerji, J.)