Nasir v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50032 of 2023 Applicant :- Nasir Opposite Party :- State of U.P. Counsel for Applicant :- Mrityunjay Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Learned counsel for the applicant is permitted to make necessary correction in the cause title during the course of the day.

¶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.188 of 2023 under Sections 8/20/60 NDPS Act Police Station Shergarh District Mathura.

¶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. The applicant was neither named in the FIR nor was he arrested at the spot. The name of the applicant surfaced in the instant case in the statement of co-accused Pratap. Nothing incriminating has been recovered from the possession of the applicant or at his pointing out. The applicant has no previous criminal history however after the implication of the applicant in the instant case the applicant was falsely implicated in Case Crime No. 258 of 2023 in which he has already been enlarged on bail by the learned court below. Identically situated co-accused Saurabh @ Shyodan has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 47446 of 2023, vide order dated 07.11.2023. The applicant is seeking parity in relief granted to the aforesaid co-accused. The applicant is languishing in jail since 10.10.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

¶5On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.

¶6Considering the facts and circumstances of the case and taking into account that the applicant was not named in the FIR, nothing incriminating was recovered from the possession of the applicant or at this pointing out, identically situated co-accused Saurabh @ Shyodan has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 47446 of 2023, vide order dated 07.11.2023 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-Nasir be released on bail in the above case crime number on his furnishing a personal bond and two heavy 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) The applicant is the resident of state of Haryana to ensure his presence before the trial court, the applicant is directed to appear before the trial court concerned in the first week of every month. (Renu Agarwal,J.) Order Date :- 6.12.2023 Nadeem High Court of Judicature at Allahabad