Javed v. Union of India Thru. Intelligence Officer Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12967 of 2023 Applicant :- Javed Opposite Party :- Union Of India Thru. Intelligence Officer Lko Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- Akhilesh Kumar Awasthi Hon'ble Brij Raj Singh,J.

¶1Supplementary afÏdavit filed by learned counsel for the applicant is taken on record.

¶2Heard Shri Anil Kumar Pandey, learned counsel for the applicant, Shri Akhilesh Kumar Awasthi, learned AGA for the State and perused the record.

¶3The present bail application has been filed by the applicant with a prayer to enlarge him on bail in NCB Crime No.20 of 2023, under Sections 8/21/29 NDPS Act, Police Station Narcotics Control Bureau, District Lucknow.

¶4It is contended by learned counsel for the applicant that 190 gms of morphine is alleged to have been recovered from the possession of the co-accused and it was to be delivered to the applicant. It is submitted that the said quantity is below commercial. It is contended by learned counsel for the applicant that the co-accused Shyam Singh from whose possession the alleged substance was recovered, has been granted bail by coordinate Bench of this Court on 17.11.2023 in Criminal Misc. Bail Application No. 13419 of 2022. Thus, the case of the applicant is at better footing to that of co-accused. Learned counsel submitted that applicant has criminal history of one case which has been explained satisfactorily in para 4 of the supplementary afÏdavit. The applicant is in jail since

17.09.2023.

¶5Learned AGA opposed the prayer for bail but could not dispute the fact that the alleged contraband substance is below commercial quantity and the case of the applicant is on better footing than co-accused who has been granted bail.

¶6Without expressing any opinion on the merits of the case, after hearing learned counsel for the parties and considering the argument that the alleged contraband substance is below commercial ; argument that the case of the applicant stands on better footing than that of co-accused therefore, I am of the opinion that the applicant is entitled to be released on bail on the ground of parity.

¶7Let the applicant, Javed 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 sufÏcient 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 sufÏcient 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.

¶8It 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 :- 18.11.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench