Allahabad High Court
Anwar Hussain vs State Of U.P. on 19 September, 2023
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:181128
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13681 of 2020
Applicant :- Anwar Hussain
Opposite Party :- State of U.P.
Counsel for Applicant :- Maimoona Fatima,A.Z.Khan,Aijaz Ahmad Khan,Pradeep Kumar Singh,Ravitendra Pratap Singh Chandel
Counsel for Opposite Party :- G.A.,Ashish Pandey
Hon'ble Mrs. Renu Agarwal,J.
1. Heard learned counsel for the applicant; Shri Vipul Pandey, Advocate holding brief of Sri Ashish Pandey, learned counsel for the N.C.B.; learned AGA for the State-respondent; and perused the material brought on record on the instant application for bail.
2. The present application for bail has been filed seeking bail in Case Crime No.27 of 2019, under Sections 8/22/29 of N.D.P.S. Act, Police Station N.C.B. Mahanagar, District Lucknow.
3. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive.It is submitted that identically situated co-accused Jiyarul Haque has already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos.13676 of 2020, vide order dated 16.11.2022, hence the applicant is also entitled to be enlarged on bail on the ground of parity of the orders aforesaid. The recovery memo mentions that a little quantity from each of the 27 packets was taken out and tested out with drug detection kit and the substance tested positive for ganja. It is further states that the 27 packets were arranged in two lots and some quantity of the substance was taken from each of the packets and one sample in duplicate of 24gm from each of the lot was prepared and sent for being tested. There is no independent witness to the alleged recovery. The mandatory provisions of Section 50 of the NDPS Act has been violated. There is no criminal history against the applicant which is explained in para 25 of the bail application. The applicant is languishing in jail since 02.07.2019 and in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings. Learned Counsel for the applicant has relied on the judgment of the Apex Court case titled Rabi Prakash v. The State of Odisha, decided on 13.07.2023 in Special Leave to Appeal (Criminal) No.4169 of 2023, in which Apex Court considered the period of incarceration of three and half years sufficient to release on bail.
4. On the other hand, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts.
5. Considering the facts and circumstances of the case and taking into account that identically situated co-accused Jiyarul Haque has already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos.13676 of 2020, vide order dated 16.11.2022, and the applicant is languishing in jail since 02.07.2019, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.
6. Let applicant- Anwar Hussain 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.
(Renu Agarwal,J.)
Order Date :- 19.9.2023
A.N. Mishra
