Smt Seema Sahani v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37501 of 2023 Applicant :- Smt Seema Sahani Opposite Party :- State of U.P. Counsel for Applicant :- Anurodh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. and perused the record.

¶3The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.168 of 2023 under Section 8/21 of the NDPS Act Police Station Obra District Sonbhadra.

¶4Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. 18 gm. herion is alleged to have been recovered from the possession of the present applicant. The weight of the recovered substance is below the notified commercial quantity. The notified commercial quantity of the said substance is 250 gm. The weight of the recovered substance as stated in the FIR is unreliable as accurate scientific instruments were not used for weighment. No forensic science laboratory report has been submitted which confirms that the substance allegedly recovered is prohibited under the NDPS Act. There is no independent witness to the alleged recovery. The mandatory provisions of Section 50 of the NDPS Act and Sections 100 and 164 Cr.P.C have been violated. The applicant has criminal history of one more case which has been explained in paragraph-21 of the affidavit filed in support of the bail application. The applicant has no criminal history apart from the instant case as disclosed in paragraph-4 of the supplementary affidavit. The applicant is languishing in jail since 25.07.2023, in case she is enlarged bail, she will not misuse the liberty and would cooperate in the trial proceedings.

¶5On the other hand, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts.

¶6Considering the facts and circumstances of the case and taking into account that weight of the recovered substance is below the notified commercial quantity, mandatory provisions of Section 50 of the NDPS Act has been violated, the applicant has no criminal history that goes to show the conduct of the applicant that she is unlikely to repeat offence after being released on bail and thus the provisions of Section 37 of the NDPS Act are satisfied in this case and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶7The bail application is allowed.

¶8Let applicant-Smt Seema Sahani be released on bail in the above case crime number on her 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 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 her counsel. In case of her 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 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 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 her 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 she will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 16.10.2023 Nadeem High Court of Judicature at Allahabad