Allahabad High Court
Vijay @ Manni vs State Of U.P. on 9 May, 2022
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15954 of 2022
Applicant :- Vijay @ Manni
Opposite Party :- State of U.P.
Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
01. The case is called out.
02. Heard learned counsel for the applicant Ms. Aditi Srivastava holding brief of Sri Kaustubh Srivastava, Advocate and learned A.G.A. for the State Sri S.S. Sachan, Advocate and perused the record.
03. The present bail application is filed on behalf of the accused-applicant involved in Case Crime No.46 of 2022, under Section 8/20 the Narcotic Drugs and Psychotropic Substance Act, P.S. Bramhpuri, District Meerut.
04. The occasion of present bail application arisen on rejection of bail plea of applicant by learned court of Special Judge (N.D.P.S. Act)/Additional Sessions Judge, court No.14, Meerut vide order dated 16.03.2022.
05. Learned counsel for the applicant submitted that contraband article (30 gram) is alleged to have been recovered from the present applicant, which is less than commercial quantity. He further submitted that chemical examination of the recovered article was not done. Only on perception of smack by police personal he has been implicated in this case. No independent witness is present at the time of alleged recovery. This is false implication. The applicant has no previous criminal history or involvement of any other case. He is common man and innocent and law abiding citizen.
06. Learned A.G.A. submitted on the basis of instructions received by him that there is no criminal history. This is the first case in the contraband article. Recovery has been made with the consent of the present applicant.
07. Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and Others reported in [(2018) 3 SCC 22], I find force in the submission of learned counsel for the accused-applicant to enlarge him on bail for the reasons discussed hereinabove.
08. Let applicant (Vijay @ Manni) involved inCase Crime No.46 of 2022, under Section 8/20 the Narcotic Drugs and Psychotropic Substance Act, P.S. Bramhpuri, District Meerut be released on bail on his furnishing personal bond of Rs.50,000/- by two different sureties of the like amount, the social and economic status of whom to be on the satisfaction and verification of the court concerned subject to following additional 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 their 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 misuse 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 applicants 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 :- 9.5.2022
Asha
