Allahabad High Court
Abdul Nabi vs State Of U.P. on 31 May, 2022
Bench: Chandra Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21837 of 2022
Applicant :- Abdul Nabi
Opposite Party :- State of U.P.
Counsel for Applicant :- Istiyaq Ali,Ali Hasan
Counsel for Opposite Party :- G.A.
Hon'ble Chandra Kumar Rai,J.
Heard Sri Ali Hasan and Sri Istiyaq Ali, learned counsels for the applicant, learned A.G.A for the State and perused the record.
Applicant- Abdul Nabi seeks bail in Case Crime No.110/2022, under Section 29 of the N.D.P.S. Act, P.S. Meerganj, District Bareilly.
It is submitted that the applicant has been falsely implicated in the present case. It is further submitted that applicant is in custody in connection with Case Crime No.110/2022 in respect of an occurrence, alleged to have taken place on 7.4.2022, in which 50 grams smack (below the commercial quantity), was alleged to be recovered from the possession of Mohd. Umar @ Hakkan who disclosed the name of the applicant as the person from whom he purchased the same. Counsel for the applicant further submitted that applicant has not been arrested on spot nor any contraband has been recovered from his possession but his name came in the statement of co-accused, as such, in view of the law laid down by the Apex Court, reported in 2021(114) ACC 365, Toofan Singh vs. State of Tamilnand as well as in view of Section 25 of the Indian Evidence Act, the statement of co-accused before police regarding involvement of applicant, has no evidenciary value. He next submitted that Section 50 of the N.D.P.S. Act has not been followed at all regarding which he placed reliance upon the decision of the Apex Court, reported in (2011) 1 SCC 609, Vijay Singh Chanddubha Jadeja vs. State of Gujarat. He next submitted that bail application of the applicant was moved in Case Crime No.110/2022, under Section 8/21/29 of the N.D.P.S. Act, but remand of the applicant was taken by the police only under Section 29 of the N.D.P.S. Act, therefore, the applicant presses his bail only under Section 29 of the Act. He lastly submitted that applicant is in languishing in jail since 8.4.2022 and has no previous criminal history nor has been convicted in any criminal case, undertakes not to misuse the liberty of bail, trial is not likely to be concluded in the near future, he be enlarged on bail.
On the other hand, learned AGA opposed the prayer for grant of bail and submitted that applicant is accused under NDPS Act and provisions of the Act has been followed.
In view of the facts and circumstances of the case as well as on the ratio of the judgment of the Apex Court in the case of Toofan Singh (supra) and Vijay Singh Chanddubha Jadeja (supra) coupled with the fact that contraband in question is below the commercial quantity, without expressing any opinion on merit of the case, the Court is of the view that applicant has made out a case for bail. The bail application is allowed.
Let the applicant involved in aforesaid case be released on bail on 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 :- 31.5.2022
C.Prakash
