Absar Ahmad v. State of U.P. Thru. Prin.Secy. Home

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12284 of 2023 Applicant :- Absar Ahmad Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Sri Anil Kumar Pandey, learned counsel for the applicant and Sri M.V.S. Chauhan, learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.369 of 2023 under sections 8/20 N.D.P.S. Act, Police Station G.R.P. Charbagh, Lucknow District Lucknow

3.It has been submitted by learned counsel for the applicant that 1 Kilogram and 70 grams of Opium is alleged to have been recovered from the possession of the applicant which is below the commercial quantity. He has further submitted that the provision of section 50 of the NDPS Act is not complied with in letter and spirit because he was not given to be searched before the Gazetted Officer and the Gazetted Officer was called by the police itself. He further submitted that there is no independent eye witness of search and seizure and false recovery of contraband substance has been made. Learned counsel for the applicant has submitted that the applicant has no criminal history and he is aged about 68 years. He has further submitted that the applicant has been falsely implicated in the present case and he is in jail since 11.09.2023.

¶4Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that the applicant has been implicated on the basis of single case.

¶5Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument that recovered contraband substance is below commercial quantity, the applicant has no criminal history and he is an old person aged about 68 years, therefore, I am of the opinion that the applicant is entitled to be released on bail .

¶6Let the applicant, namely, Absar Ahmad, 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. It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 16.10.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench