Allahabad High Court
Vimal Kumar Alias Naurangi Lodh vs State Of U.P. Thru. Prin. Secy. Home ... on 20 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:76783
Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10011 of 2024
Applicant :- Vimal Kumar Alias Naurangi Lodh
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko
Counsel for Applicant :- Niyaj Ahmad
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 210 of 2023, under Section 8/20 of NDPS Act, Police Station Nanpara, District Bahraich.
Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that as per prosecution story, 1 kg and 100 gm contraband substance is said to have been recovered from the possession of the applicant. There is no independent public eye witness of the incident. He added that the recovered contraband substance is slightest above than the commercial quantity. He also submits that there is non-compliance of Section 50 of the NDPS Act and in support of his contention, he has placed reliance upon the Judgment of the Apex Court rendered in the case of Arif Khan @ Agha Khan vs. State of Uttarakhand, (2018) 18 SCC 380 wherein it has been held that mandatory procedure of Section 50 of the NDPS Act has to be complied with in regard to search and recovery. The applicant has a case criminal history which has been explained and he is languishing in jail since 25.04.2023 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail.
Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant was involved in committing the aforesaid offence, as contraband substance i.e. 1 kg. 100 gm Charas has been recovered from his possession and, as such, the applicant is not entitled to be released on bail.
Having considered the submissions of learned counsel for the parties and after perusal of the record, it evident that recovered contraband substance, i.e. 1 kg. 100 gm contraband substance (charas), which is slight below than the commercial quantity; there is no independent public eye witness of the alleged recovery; there is non-compliance of Section 50 of the NDPS Act; there is a case criminal history of the applicant which has been explained and he is languishing in jail since 25.04.2023 and he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings.
Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.
Let the applicant-Vimal Kumar @ Naurangi Lodh involved in the aforementioned crime 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:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial;
(2) 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. He 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;
(3) 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.; and
(4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.
Order Date :- 20.11.2024
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