Allahabad High Court
Ajeet (Second Bail) vs Union Of India on 1 August, 2019
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 29
Case :- BAIL No. - 2015 of 2019
Applicant :- Ajeet (Second Bail)
Opposite Party :- Union Of India
Counsel for Applicant :- Askari Husain,Syead Hafizul Hasan Rizvi
Counsel for Opposite Party :- A.S.G.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is the second bail application. The first bail application was rejected vide order dated 29.5.207.
It is contended by learned counsel for the applicant false recovery of 01 kg heroine has been allegedly recovered from the bag allegedly hanging on the back of the applicant. It is also contended that mandatory provisions of sections 50, 57, 42 and 55 of NDPS Act have not been complied with by the Seizure Officer. It is next contended that at the time of occurrence, applicant was merely 13 years of age, the birth certificate is annexure no.2 to the bail application. Learned counsel further submitted that applicant is in jail since 21.11.2013 for more than five years. It has lastly been contended that other co-accused Bijendar and Kishan have already been enlarged on bail vide orders dated 24.6.2014 and 27.6.2014 by coordinate Bench of this Court which bail orders are Annexure 4 to the bail application.
Shri Ajay Kumar Singh learned counsel for Central Bureau of Narcotics opposed the prayer for bail however, could not dispute the aforesaid facts but also submitted that examination-in-chief of P.W.1 is going on.
Considering the aforesaid fact it appears that in near future there is no possibility of conclusion of trial.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and for the period for which he is in jail, and also considering twin condition as mentioned in Section 37 (1) (b) of NDPS Act, the applicant is entitled to be released on bail in this case.
Let the applicant Ajeet involved in C.B.N. Crime No. 07 of 2013, under Sections 8, 21, 29 of NDPS Act, Police Station-CBN District- Lucknow 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 :- 1.8.2019
P.s.
