Shital Yadav v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59876 of 2022 Applicant :- Shital Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Chaube,Rafeek Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Heard learned counsel for the applicant, learned A.G.A. and perused the record.

¶2The present first bail application has been filed on behalf of the applicant in Case Crime No. 206 of 2022 under Sections 08/20 of N.D.P.S., 1985, Police Station Charkhari, District Mahoba with the prayer to enlarge him on bail.

¶3Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. It is submitted that contraband article, i.e., 2.550 kgs. ganja, is said to have been recovered from the possession of the applicant which is less than the commercial quantity, i.e., 20 kgs. He further submits that there is no compliance of mandatory provisions of Sections 45 to 57 of N.D.P.S. Act, hence the recovery is bad in the eyes of law. There is no public witness of the said recovery. The criminal history of the applicant is explained in paragraph-8 of the affidavit filed in support of the bail application. The applicant is neither convicted nor involved in any other case under the N.D.P.S. Act. Apart from the said cases explained in paragraph-8 of the affidavit filed in support of the bail application, the criminal history of other cases have been explained in paragaraph-7 of the rejoinder affidavit. In few cases, the applicant has been acquitted and in rest of the cases, the applicant is enlarged on bail by the competent court, bail orders have annexed with the rejoinder affidavit and collectively marked as R.A.-1. It is next contended that one case, i.e., Case Crime No. 344 of 2017 which is under the U.P. Control of Gundas Act has been closed due to efflux of time. The applicant is languishing in jail since 12.07.2022 and if he is granted the liberty of bail he will not misuse the same and he is ready to furnish his sufficient sureties, bonds and personal bonds.

¶4On the other hand, learned AGA has vehemently opposed the prayer for bail but could not controvert the fact that identically situated co-accused has been enlarged on bail.

¶5Considering the fact that there is no case against the applicant under the N.D.P.S. Act coupled with the fact that in other cases which the applicant is involved, he has been enlarged on bail and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail.

¶6Let applicant Shital Yadav be released on bail in the above case crime number and on his 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 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.

(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 of the Indian Penal Code.

(iii) 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.

(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 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 he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 17.10.2023 Shiraz High Court of Judicature at Allahabad