Allahabad High Court
Daman Munda vs Union Of India. on 12 May, 2022
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11867 of 2022
Applicant :- Daman Munda
Opposite Party :- Union Of India.
Counsel for Applicant :- Anuj Bajpai
Counsel for Opposite Party :- Ashish Pandey
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 031 of 2021, under Sections 8/18/25/29 NDPS Act, Police Station-S.M.South, District Shahjahanpur.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the applicant is in jail since 15.07.2021 and the possibility of conclusion of trial in near future is extremely bleak. The co-accused against whom the accusation of the prosecution is similar to the present applicant namely Raja Khan and Mohd. Safik, who have already been released on bail by this Court vide orders dated 22.04.2022 and 22.04.2022 passed in Criminal Misc. Bail Application Nos. 49428 of 2021 and 49432 of 2021. The applicant has no criminal history. There is no public independent witness to support the story of the prosecution. The mandatory provisions of the NDPS Act have also not been followed. In these facts and circumstances of the case, the rigors of Section 37 of the Act of 1985 would not be an impediment in granting the bail to the applicant. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail.
Learned A.G.A. as also Sri Ashish Pandey, learned counsel for the NCB opposed the prayer for grant of bail. He submitted that as per statement of co-accused persons, the applicant is the main accused. As such, the applicant is not entitled to be released on bail. However, they could not dispute the above contention made by the learned counsel for the accused-applicant that co-accused have already been released on bail.
In response, learned counsel for the applicant submitted that as per verdict of Hon'ble Supreme Court, the confessional statement is inadmissible in evidence. In this regard, reliance has been placed on the judgment passed by the Hon'ble Apex Court in the case of Tofan Singh vs. The State of Tamil Nadu reported in (2021) 4 SCC 1.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties including in relation to non- compliance of mandatory provisions related to the recovery, search and seizure, period of incarceration as also keeping in mind that co-accused have already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant -Daman Munda be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(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 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 fail 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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 12.5.2022
Vinay/-
