Allahabad High Court
Firoz Shah vs State Of U.P. on 16 December, 2019
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- BAIL No. - 11177 of 2019 Applicant :- Firoz Shah Opposite Party :- State of U.P. Counsel for Applicant :- Sajjad Husain,Rafiuddin Khan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
As per the prosecution case, when the police of District Barabanki was at Railway Station Barabanki were checking of platform no. 2 and were proceedings towards the Gonda outer they saw three persons sitting in dark and when their names were asked, they tried to flee and therefore by applying force they were apprehended and from the search of the present applicant 50 gram morphine is alleged to have been recovered.
Learned counsel for the applicant submits that the recovered contraband is below commercial. The applicant is innocent and has been falsely implicated. From the applicant Rs. 35,000/- was forcibly taken by the police and when the applicant demanded the money and stated that he will make complaint to the higher authorities, false recovery of 20 gram morphine has been shown along with Rs. 110/- cash and a mobile phone which belongs to the applicant. Learned counsel for the applicant submits that the mandatory provision of Section 50 N.D.P.S. Act has not been complied. Although, the alleged contraband is said to have been recovered from the right pocket of his pant through personal search and therefore he was entitled of his right to be intimated that he is liable to be searched before the gazetted officer or the magistrate. It is lastly contended that the provisions of Section 37 of N.D.P.S. Act are not attracted in this case. The applicant is languishing in jail since 11.10.2019 without having any previous criminal antecedents.
It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody 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 facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Firoz Shah, involved in Case Crime/F.I.R. No. 069/2019, under Sections 8/21 of N.D.P.S. Act, Police Station - GRP Barabanki, District - Barabanki, be released on bail on his furnishing a personal bond and two 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 :- 16.12.2019 R.C.