Saddam Husain v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50688 of 2023 Applicant :- Saddam Husain Opposite Party :- State of U.P. Counsel for Applicant :- Ruksana 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.436 of 2023 under Sections 08/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station Kotwali District Mahoba.

¶3Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. 1kg 200 gm ganja and Rs. 130/- are alleged to have been recovered from the possession of the applicant. There is no public witness to the alleged recovery. The weight of the recovered substance is below the notified commercial quantity. The notified commercial quantity of the said substance is 20 Kg. 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. The mandatory provisions of Sections 42, 47, 50 and 52 of the NDPS Act have been violated. Apart from the instant case the applicant has no criminal history. The applicant is languishing in jail since 22.09.2023, in case he is enlarged bail, he will not misuse the liberty and would cooperate in the trial proceedings.

¶4On the other hand, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts.

¶5Considering 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 Sections 42, 47, 50 and 52 of the NDPS Act has been violated, the applicant has no criminal history that goes to show the conduct of the applicant to the satisfaction of the Court that he is unlikely to commit any offence after being released on bail and given the benefit of Section 37(1) (b) (ii) 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 Saddam Husain 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.

(vii) In case the applicant is found involved in cases of like nature in future, this bail shall stand cancelled and the court below shall be at liberty to take coercive action against the applicant. (Renu Agarwal,J.) Order Date :- 28.11.2023 Nadeem High Court of Judicature at Allahabad