Allahabad High Court
Ram Vilas Patel vs State Of U.P. on 29 August, 2023
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:174179
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36646 of 2023
Applicant :- Ram Vilas Patel
Opposite Party :- State of U.P.
Counsel for Applicant :- Shailendra Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Renu Agarwal,J.
1. Heard learned counsel for the applicant, learned A.G.A. and perused the record.
2. The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.102 of 2023 under Section 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station Rajgarh District Mirzapur.
3. Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. 52kg 500gm ganja is alleged to have been recovered from the vehicle being driven by the applicant and other co-accused person. It is further submitted that the alleged contraband was not recovered from the physical possession of the present applicant. Mandatory provision of Section 50, 52 and 57 of the NDPS have been violated. There is no public witness to the aforesaid recovery. The applicant has no criminal history apart from the instant case. The applicant is languishing in jail since 27.07.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.
4. On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.
5. Hon'ble Supreme Court in the Case of Union of India Vs. Shiv Shankar Keshari (2007) 7 SCC 798 has held that the court while consdering 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 ground 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.
6. Considering the facts and circumstances of the case and taking into account that contraband substance was not recovered from the physical possession of the applicant, mandatory provision of Section 50, 52 and 57 of the NDPS have been violated, there is no public witness to the aforesaid recovery, the finding of Hon'ble Supreme Court in case of Shiv Shankar Keshari (supra) and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.
6. The bail application is allowed.
7. Let applicantRam Vilas Patel be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the 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 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.
(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.
(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.
(vi) If the applicant is found involved in offence of like nature, this bail order shall stand automatically cancelled and the trial court shall be at liberty to take coercive steps against the applicant.
(Renu Agarwal,J.)
Order Date :- 29.8.2023
Nadeem
