Allahabad High Court
Atul Singh vs State Of U.P. Thru. Prin. Secy. Home Lko. on 5 February, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:10880
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6080 of 2023
Applicant :- Atul Singh
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Narendra Kumar Kashyap,Prashant Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant as well as learned AGA for the State.
Learned counsel for the applicant submits that he has been falsely implicated in the present case. The applicant has not been arrested from the spot. His name has surfaced in the confessional statement of co-accused Pradeep Kumar. There is no compliance of Section 50 of NDPS Act. He has placed reliance on the judgment of the Supreme Court passed in the case of Arif Khan @ Agha Khan Vs. State of Uttrakhand, (2018) 18 SCC 380. There is no independent witness of the recovery. The applicant has no previous criminal antecedent of any NDPS cases. He has explained his criminal antecedent of eight cases.
Learned counsel for the applicant submits that co-accused Balram Tiwari who was also having criminal history has been enlarged on bail by the coordinate Bench of this Court vide order dated 10.04.2023 passed in criminal misc. bail application No. 4567 of 2023. Apart from this, co-accused Deepak Singh @ Guddoo and Pradeep Kumar have also been enlarged on bail. The bail orders are on record along with supplementary affidavit.
It is further submitted that the applicant is languishing in jail since 13.10.2020. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA has opposed the bail application submitting that recovered quantity is commercial as 22 kg. 700 gram ganja has been recovered from the car.
Learned counsel for the applicant has submitted that car does not belong to the applicant.
On due consideration to the fact that co-accused persons have been enlarged on bail; name of the applicant has surfaced in the confessional statement of co-accused; prima facie compliance of section 50 NDPS Act has not been done; twin condition of Section 37 of NDPS Act is satisfied as there is no prior history of the applicant of NDPS cases and considering the fact that the applicant is languishing in jail since 30.07.2021 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity.
Accordingly, the bail application is allowed.
Let the applicant, Atul Singh, involved in Case Crime/FIR No. 133/2022, under Sections 8/20 of NDPS Act, Police Station - Kamrauli, District - Amethi, be released on bail on his 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) 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.
(v) 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.
(vi) 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.
Order Date :- 5.2.2024/R.C.
