Allahabad High Court
Swadesh Kumar Maurya vs State Of U.P. on 9 July, 2019
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 29
Case :- BAIL No. - 5231 of 2019
Applicant :- Swadesh Kumar Maurya
Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It is contended by learned counsel for the applicant that the applicant is running the shop of supplying the building material for construction of house in the locality. The applicant has supplied the building material at Police Station to construct the bathroom and for other construction which costs around Rs.25,000/- since the applicant had demanded the aforesaid due amount from the police officer concerned and was not being paid as such he made a complaint dated 14.3.2019 to the concerned Circle Officer and due to that local police was inmical towards the applicant and the applicant has been falsely implicated in this case. It is contended that false recovery of 500 gms of morphine has been shown from the possession of the applicant. It is also contended that mandatory compliance of section 42 of NDPS Act has not been complied as information has not been receiving in writing and same has not been sent to the higher authorities within the time prescribed. The mandatory provisions of Section 50 of NDPS Act has also not been complied and the right of the applicant to be searched before the Gazetted Officer/Magistrate has not been told to him.
Learned A.G.A. opposed the prayer for bail and submitted that averment regarding the supply of building material are merely bald allegation and no evidence in support of that has been filed by the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 Swadesh Kumar Maurya involved in Case Crime No.101 of 2019, under Sections 8/21 NDPS Act Police Station-Zaidpur, District- Barabanki be released on bail on his furnishing a personal bond and two heavy 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 :- 9.7.2019
P.s.
