Sunil v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43280 of 2023 Applicant :- Sunil Opposite Party :- State of U.P. Counsel for Applicant :- Kshitij Tiwari 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 application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.15 of 2023 under Sections 8/20/60 NDPS Act Police Station Naugarh District Chandauli.

¶3Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. The applicant was not arrested at the spot. The name of the applicant surfaced in the instant case in the statement of co-accused persons, namely, Ram Sagar Maurya, Chandrabose Yadav, Ravindra Kharwar who were arrested at the spot. Nothing incriminating was recovered from the possession of the applicant. The applicant has no criminal history apart from the instant case as disclosed in paragraph-3 of the affidavit filed in support of the bail application. There is no cogent piece of evidence so as to connect the present applicant with the instant matter. Co-accused Ram Sagar Maurya, Chandrabose Yadav, Ravindra Kharwar have already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 10077 of 2023, 10769 of 2023 and 13372 of 2023, vide orders dated05.04.2023, 17.04.2023 and 24.03.2023 respectively. The applicant is seeking parity in relief granted to the aforesaid co-accused. The applicant is languishing in jail since 28.08.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

¶4On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.

¶5Considering the facts and circumstances of the case and taking into account that the applicant was not arrested at the spot, the name of the applicant surfaced in the instant case in the statement of co-accused persons, namely, Ram Sagar Maurya, Chandrabose Yadav, Ravindra Kharwar who were arrested at the spot, Co-accused Ram Sagar Maurya, Chandrabose Yadav, Ravindra Kharwar have already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 10077 of 2023, 10769 of 2023 and 13372 of 2023, vide orders dated05.04.2023, 17.04.2023 and

24.03.2023 respectively, the applicant has no criminal history that goes to show the conduct of the applicant that he is unlikely to commit any offence after being released on bail and may be given the benefit of Section 37 of the NDPS Act and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶6The bail application is allowed.

¶7Let applicant Sunil be released on bail in the above case crime number 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 :- 18.10.2023 Nadeem High Court of Judicature at Allahabad