Allahabad High Court
Firoj vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 16 April, 2025
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:21408
Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15069 of 2023
Applicant :- Firoj
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Civil Secrt. Govt. Lko.
Counsel for Applicant :- Dhananjai Kumar Tripathi,Devendra Verma,Kajol
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record.
2. First bail application has been filed with regard to Case Crime No.336 of 2023 under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as NDPS Act) and Section 3/25 Arms Act, registered at P.S.Baundi District Bahraich.
3. As per prosecution version, contraband substance, i.e. 1.09 k.g. of 'Charas', is said to be recovered from the possession of the applicant.
4.Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been planted by the police in the instant matter. He next added that 1.09 k.g. of 'Charas' is said to be recovered from possession of present applicant, which is above the commercial quantity, but, there is no independent public eye witness of the alleged recovery. He submits that the applicant has taken specific plea that there is non compliance of section 52-A of the N.D.P.S. Act, but, the same has not been specifically replied by the State in its Counter Affidavit. He added that admittedly, the samples were taken on 13-09-2023,whereas the same were received in F.S.L. on 08-11-2023 and no explanation is given that for a period of about two months, where the samples were kept. He next added that Rule 13 of Narcotic Drugs and Psychotropic Substances(Seizure, Storage, Sampling and Disposal) Rules, 2022, (hereinafter referred to as 'Rules, 2022'), provides that after the recovery of the samples, the same shall be sent immediately to the F.S.L., but, in the instant matter, the samples were sent after two months and therefore, the proceedings are in contravention to Rule13 of the Rules, 2022 and thus the whole proceedings vitiate in the eyes of law. He submits that the applicant has explained criminal history in paragraph no. 34 of the bail application and he is languishing in jail since 14-09-2023 and there is no possibility that the trial would be concluded in near future and the case of present applicant is also squarely covered with ratio of Judgments of the Hon'ble Apex Court rendered in the case of Manish Sisodia v. Directorate of Enforcement in SLP (Criminal) No. 8781 of 2024 decided on 9 August, 2024 and Union of India v. K.A. Najeeb (2021(3) SCC 713). Further submission is that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
5. Learned Additional Government Advocate appearing on behalf of State has opposed bail application with submission that applicant was involved in committing aforesaid offence as contraband substance i.e. 'Charas', has been recovered from his possession and, as such, he is not entitled to be released on bail, but, he could not dispute the fact why the samples were sent with inordinate delay of two months to the F.S.L.
6. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :-
"21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty."
"27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."
7. Considering the submissions advanced by learned counsel for the parties and upon perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that there is no independent public eye witness of the alleged recovery of contraband substance being 1.09 K.G. of 'Charas'; there is non compliance of Rule 13 of the Rules,2022; criminal history of the applicant has been explained and he is languishing in jail since 14.09.2023 and the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. As such, the applicant is entitled to be released on bail in this case.
8. Accordingly bail application is allowed.
9. Let applicant Firoj involved in aforesaid case crime be released on bail on his/her 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/she 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/her 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/her 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/her, 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/her in accordance with law.
Order Date :- 16.4.2025
kvg/-
