Allahabad High Court
Munna vs State Of U.P. on 28 April, 2021
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- BAIL No. - 4332 of 2021 Applicant :- Munna Opposite Party :- State of U.P. Counsel for Applicant :- Farooq Ayoob,Neelam Singh Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard Sri Farooq Ayoob, learned counsel for the applicant as well as the learned A.G.A. for the State of U.P. through video conferencing in view of COVID-19 pandemic.
2. This bail application has been moved by the applicant- Nasim for grant of bail, in Case Crime No. 78 of 2021, under Sections 8/21, Narcotic Drugs and Psychotropic Substances Act, 1985, P.S.Fatehpur, District Barabanki, during trial.
3. Learned counsel for the applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution. It is further submitted that the story of the prosecution with regard to the arrest and the recovery of the alleged contraband from the possession of the applicant is doubtful as the police party, as per the prosecution version was having prior information of the arrival of the applicant and other co-accused persons, however no effort has been made by the police party to procure independent public witnesses which casts cloud on the whole story of the prosecution.
4. It is further submitted that information so received by the police party pertaining to the arrival of the applicant and co-accused has not been reduced into writing as required under Section 42 of the N.D.P.S. Act, therefore, the alleged arrest and recovery is vitiated on this score also.
5. It is further submitted that even if the story of the prosecution is taken on its face value, 130 gms. of morphine is alleged to have been recovered from the possession of the applicant, which is much less than the minimum commercial quantity 250 gms. and the applicant is not having any previous criminal antecedents.
6. It is further submitted that the applicant is in jail in this matter since 05.03.2021 and is not having any criminal antecedents and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.
7. The submission of the learned counsel for the applicant is that the co-accused of this case namely Nasim has already been granted bail by this Court by means of order dated 15.04.2021 passed in Bail No. 4349 of 2021.
8. Learned A.G.A. however opposes the prayer for bail of the applicant on the ground that the applicant has criminal history of four cases, however, could not controvert that the co-accused of this case namely Nasim has been already granted bail.
9.The counsel for the applicant has submitted that all the cases pertaining to the year 2010 and 2012, the the applicant has already been released on bail.
10. Having heard learned counsel for parties and having perused the record, it transpires that 130 gms. of morphine is alleged to have been recovered from the possession of the applicant, which is much lessor than that of minimum commercial quantity 250 gms. Two stringent conditions as contained under Section 37(1)(b) of the N.D.P.S. Act are not attracted in the instant case. The applicant is in jail in this matter since 06.03.2021 and is not also a previous convict and assurance has been given by learned counsel for applicant that the applicant shall cooperative in the investigation and will not fell from the course of law and will cooperative in the early disposal of the case.
11. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties as well as the fact that co-accused of the case has already been granted bail and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
12. Let the applicant - Munna involved in Case Crime No. 78 of 2021, under Sections 8/21, Narcotic Drugs and Psychotropic Substances Act, 1985, P.S.Fatehpur, District Barabanki be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the Magistrate/ court concerned subject to following conditions:-
(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 the Court. In case of default of this condition, it shall be open for trial court to treat it as 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.
13. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
14. The application stands disposed of.
15. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
16. The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 28.4.2021 Asheesh