Riyazul Hasan v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12636 of 2023 Applicant :- Riyazul Hasan Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Diwakar Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Ms. Urvashi, Advocate, holding brief of Shri Diwakar Singh, learned counsel for the applicant, Shri Harishankar Maurya, learned A.G.A. for the State and perused record.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.425 of 2023 under Section 8/21of Narcotics Drugs and Psychotropic Substances Act, PS Safdarganj, District Barabanki.

¶3Learned counsel for the applicant has submitted that 125 gm of smack is alleged to be recovered from the possession of the applicant, which is below commercial quantity. It has been submitted by the learned counsel for the applicant that Section 50 of the N.D.P.S. Act is violated and the applicant was not apprised by the police that he had right to be searched before Gazetted Officer, rather directly police called C.O. for search and seizure, which is in violation of Section 50 of the N.D.P.S. Act.

¶4Learned counsel for the applicant has submitted that there is no eye witness of the recovery memo. The applicant has explained the criminal history in para 18 satisfactorily and he has further submitted that there is no criminal antecedent of narcotics case accept the present one.

¶5On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts including the quantity of smack below commercial quantity.

¶6Considering the over all facts and circumstances of the case, the argument that there is a violation of Section 50 of N.D.P.S. Act, the argument that there is no eye witness of the recovery memo and the argument that the quantity of smack in issue is below commercial quantity, it is a fit case for bail.

¶7Let the applicant, namely, Riyazul Hasan 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.

¶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 :- 7.12.2023 Raj High Court of Judicature at Allahabad, Lucknow Bench