Allahabad High Court
Sitaram Singh vs State Of ... on 30 June, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6993 of 2022
Applicant :- Sitaram Singh
Opposite Party :- State Of U.P.Thru.Prin.Secy.Home Lko.
Counsel for Applicant :- Anil Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1. Supplementary affidavit filed today in Court is taken on record.
2. Heard learned counsel for the applicant and learned Additional Government Advocate appearing on behalf of State.
3. This bail application has been filed with regard to Case Crime No.149 of 2022, under 8/21 of N.D.P.S. Act, Police Station, Cantt, District Faizabad/ Ayodhya.
4. As per contents of FIR, 25 G.M. of smack is said to have been recovered from the possession of the applicant.
5. Learned counsel for applicant submits that the applicant has falsely been implicated in the charges levelled against him. It is further submitted that only cursory compliance of Section 50 of the N.D.P.S. has been made which is violative of his right under the aforesaid mandatory section. Even otherwise, it is submitted that the alleged recovery is below the commercial quantity. Learned counsel further submits that a bare perusal of the FIR indicates the improbability of the allegations levelled against him particularly in view of the fact that charge-sheet has been filed without laboratory report.
6. Learned counsel for applicant has further indicated that the previous criminal history under Sections 308, 323, 504, 506 I.P.C. Section 3(i)(x) SC/ST Act in case no.545 of 1999 has also been explained in which the applicant has been convicted under sections 323, 504 IPC while acquitting him under Sections 308, 506 IPC and Section 3(1)(x) SC/ST Act by means of judgment and order dated 07.08.2018, a copy of which has been brought on record by means of supplementary affidavit. Another previous criminal case bearing case crime no.194 of 2019, under Sections 380, 457 IPC has also been explained since he has been admitted to bail vide order dated 11.09.2020.
7. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application but does not dispute the fact that laboratory report has not yet been obtained and investigation with regard to same still on going.
8. Considering the submissions advanced by learned counsel for parties and perusal of material available on record, it is apparent that as on date laboratory report has not yet been obtained which can conclusively prove the nature of substance allegedly obtained from the person of the applicant. Compliance of Section 50 of NDPS Act also does not appear to have been made in its strict form.
9. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :-
"21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty."
"27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."
10. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case.
11. Accordingly bail application is allowed.
12. Let applicant, Sitaram Singh, involved in the aforesaid case crime 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 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.
(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.
Order Date :- 30.6.2022
Subodh/-
