Allahabad High Court
Pradeep Kesarwani vs Union Of India on 20 July, 2022
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34957 of 2021
Applicant :- Pradeep Kesarwani
Opposite Party :- Union of India
Counsel for Applicant :- Atharva Dixit,Aushim Luthra,Manish Tiwary(Senior Adv.),Ram Pal Singh
Counsel for Opposite Party :- Pranay Krishna,Ashish Pandey
Hon'ble Siddharth,J.
List has been revised.
Learned counsel for the opposite party is not present.
Heard Sri Manish Tiwari, learned Senior Advocate, assisted by Sri Atharya Dixit, learned counsel for applicant and perused the record.
This bail application has been preferred by the accused-applicant, Pradeep Kesarwani, who is involved in Case Crime No.03 of 2021, under Section 8/20/29 N.D.P.S. Act, Police Station- Narcotics Control Bureau Lucknow, District-Sonbhadra.
There is allegation of recovery of 1062-500 kg ganja from the vehicle, which was being driven by co-accused, Ram Singh and Sanjay Singh. The applicant claims himself to be paddy dealer. In the alleged truck being driven by co-accuseds aforesaid paddy were loaded for supply to the premises of the applicant. There was documentary proof that the paddy was being transported to godown of the applicant but it has been stated in the statements, under Section 67 of the Act, of the co-accuseds persons recorded by the NCB Officers that the recovered ganja belonged to the applicant.
Learned counsel for the applicant has submitted that thereafter the godown of the applicant was also raided but nothing incriminating was recovered from the godown. Applicant has been falsely implicated. He is in jail since 26.05.2021. The statement under Section 67 of the Act, as per judgement of the Apex Court in Tofan Singh Vs. State of Tamil Nadu in Criminal Appeal no. 152 of 2013, cannot be read against him at this stage. The applicant is suffering from 50% physical disability.
Learned A.G.A. has opposed the prayer for bail by contending that the innocence of the applicant cannot be adjudged at pre-trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity. The "reasonable grounds" mentioned in Section 37(1)(b)(ii) of NDPS Act mean something more than prima facie ground. It implies substantial probable causes for believing that accused is not guilty of the offence charged and points to existence of such facts and circumstances which are sufficient to hold that accused is not guilty.
However the Apex Court in the Case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798 has held that the court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty. It is for the limited purpose essentially confined to the question of releasing the accused on bail that the court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds. But the court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty.
Considering the facts of the case and keeping in mind the arguments advanced on behalf of the parties, the ratio of the Apex Court's judgment in the case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let applicant be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-
(i) 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;
(ii) In case, the applicant misuses the liberty of bail 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.
(iii) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.7.2022
SS
