Allahabad High Court
Sakib vs State Of Up Through Its Principal ... on 28 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42492 of 2022 Applicant :- Sakib Opposite Party :- State Of Up Through Its Principal Secretary Counsel for Applicant :- Mohd. Naushad,Virendra Singh Tomar Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The applicant is involved in Case Crime No. 456 of 2022, under Sections 8/21 NDPS Act, Police Station- Kairana, District- Shamli.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the aforesaid crime. The applicant has not committed any offence as alleged in the FIR. Learned counsel further submits that the alleged recovery of smack weighing 52 gms is below commercial quantity from the possession of applicant and co-accused Vadil from tool box of the motorcycyle, wherein, co-accused Vadil has already been granted bail vide order dated 23.11.2022 in Crl. Misc. Bail Application no. 50980 of 2022 by the co-ordinate Bench of this Court. There is no such laboratory report, which shows that the recovered substance or power is smack. It is further submitted that nothing incriminating article was recovered from the possession of the applicant. The applicant has no concern with the alleged incident. Thus, no offence under NDPS Act is made out against the applicant. Applicant has explained criminal history of five cases in para-17 of the affidavit, out of which, he has been granted bail in four cases except one case u/s 459 IPC; another case under the Gangster Act was imposed on him by the police after his arrest, which has been explained in supplementary affidavit. He is in jail since 20.8.2022, Learned counsel further submits that if the applicant is released on bail, he would not misuse liberty of bail and is ready to co-operate in the trial.
Learned A.G.A. for the State has vehemently opposed the prayer for bail and submitted that the offence is serious in nature and applicant has no ground to be released on bail and the bail application is liable to be rejected.
After hearing the rival submissions of the parties, and perused the record, without expressing any opinion on merits, I find that it is a fit case for grant of bail of applicant.
Bail Application is allowed.
Let applicant- Sakib, be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence of witnesses and shall not commit any offence.
(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.
Order Date :- 28.11.2022 Dhirendra/