Mukesh Kumar Rajpoot v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43615 of 2023 Applicant :- Mukesh Kumar Rajpoot Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Rahul Singh, learned counsel for the applicant as well as Sri R.P. Patel, learned AGA for the State and perused the material placed on record.

¶3By means of the present application, the applicant seeks bail in Case Crime No. 273 of 2023, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station Kulpahad, District Mahoba, during the pendency of trial.

¶4As per the prosecution story, the applicant is said to have been apprehended on 11.09.2023 along with 10 kg 550 grams of 'Ganja'.

¶5It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. No incriminating article has been recovered from the possession of the applicant. There is no independent witness to support the prosecution version. The said contraband is below commercial quantity. The applicant is languishing in jail since

11.09.2023, having no criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail he will not misuse the liberty of bail and shall cooperate with trial.

¶6Per contra, learned A.G.A. has opposed the bail prayer of the applicant.

¶7Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.

¶8Let the applicant-Mukesh Kumar Rajpoot, who is involved in the aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.

(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if 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 IPC.

(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 12.10.2023 Siddhant High Court of Judicature at Allahabad